Taiye Oshoboja V. Alhaji Surakatu Amida & Ors (2009)

LAWGLOBAL HUB Lead Judgment Report

F. OGBUAGU, J.S.C.

This is an appeal against the decision of the Court of Appeal, Lagos Division (hereinafter called “the court below”) delivered on 20th June, 2000 affirming the Judgment of the High Court of Lagos State Judicial Division presided over by Obadina, J. (as he then was) delivered on the 19th of December, 1996 which found in favour of the Respondents.

Dissatisfied with the said decision, the Appellants have further appealed to this Court initially on six (6) Grounds of Appeal but they later file an Amended Notice of Appeal with fourteen (14) Grounds of Appeal.

They have formulated ten issues for determination. They read as follows:

“(1) whether the lower courts (sic) were right in law in granting absolute title to the respondent ‘who had admitted that their title is burdened by the alleged customary tenancy of the appellants. Ground 7.

(2) Whether the respondents were entitled to a writ of possession when no title was given to them in 1984, and when they did not also claim possession and when the reliefs claimed by them were merely declaratory. Ground 8.

(3) Whether the principles of res judicta or issue estoppel were fulfilled in this case. Grounds 1,2, 10, 11 and 12.

(4) Whether the judgments of the lower courts were not wholly against the weight of admissible evidence. Ground 3.

(5) Whether miscarriage of justice has not been occasioned in this case. Ground 13

(6) Whether the acceptance of the evidence of witnesses in a previous proceeding that had been set aside by the Supreme Court was not contrary to the principles enunciated in Alade v. Aborisade (1960) I NSCC page 111. Ground 9.

(7) Whether the respondents’ action was not statute barred by virtue of section 12 of the Limitation Law of Lagos State. Ground 5.

(8) Was the tenancy agreement between Oshoboja family and Amida Opebiyi of Fagbile family not binding on Fagbile family when it was in respect of the same land. Ground 14.

(9) Whether or not Order 4 Rule 8 o{the Judgment enforcement Rules Lagos State, was/is not applicable to the plaintiff/respondents’ action. Ground 6.

(10) Whether or not the Oshoboja family could have appealed against the dismissal of AB/29/55 or could have brought a cross-action against the said Suit. Ground 4”.