OLUSANYA V. OLUSANYA

• Pages: 97-103

97

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NIGERIAN SUPREME COURT CASES

[1983] N.S.C.C.

IRIKEFE, J.S.C.:

I had the advantage of a preview of the reasons for judgment

just read by my learned brother, ANIAGOLU, J.S.C. I adopt in their entirety, the

said reasons.

IDIGBE, J.S.C.:

I have had a preview of the reasons for the judgement of this

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court in this appeal just delivered by my learned brother, Aniagolu J.S.C. and I

wish to state that it was for the reasons so adequately stated in the said judgement

that I concurred in the unanimous judgement of this court on the 4th day of January,

1983, that this appeal be dismissed; and I have nothing else to add.

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NNAMANI, J.S.C.:

I have had the advantage of reading in draft the reasons for

judgment just delivered by my learned brother Aniagolu, J.S.C. and I entirely agree

with him. It was for these same reasons that I dismissed the appeal.

UWAIS J.S.C.:

I have read in draft the reasons for judgment read by my learned

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brother Aniagolu J.S.C. It was for the same reasons that I agreed that the appeal

be dismissed on 4th January, 1983. I therefore do not have anything to add.

Appeal dismissed.

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OLUSANYA V. OLUSANYA

FLORENCE 0. OLUSANYA

V

OLUFEMI OLUSANYA

SUPREME COURT OF NIGERIA

IDIGBE,

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J.S.C.

OBASEKI,

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J.S.C.

ESO,

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J.S.C.

NNAMANI,

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J.S.C.

UWAIS,

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J.S.C.

11th March, 1983

APPELLANT

RESPONDENT

SUIT NO. SC 84/1982

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30

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Practice and Procedure - Appeals - Civil appeal - Exercise of appellate courts

discretion to raise points suo

1710i11.

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ISSUE:

1. Whether a miscarriage of justice can be occasioned where an appellate court

reverses a High Court judgment on points not canvassed by the parties.

FACTS:

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The Appellant, a sister of the Respondent commenced proceedings in the High

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Court claiming a sum for damages for trespass and injunction to restrain the Re-

spondent from further acts of trespass. The trial Judge found for the Appellant

and dismissec the Respondents' counterclaim in its entirety. The Respondent ap-

pealed to the Court of Appeal, which allowed the appeal. The Appellant then ap-

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pealed to The Supreme Court on the ground that the Federal Court of Appeal

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reversed the High Court Judgment not solely on points canvassed by the parties

but partly on points raised in its own Judgment.