RAIMI FAGBEMI & ANOR VS ONIRU & ANOR
(1972) LCN/1592(SC)
In the Supreme Court of Nigeria
Tuesday, February 1, 1972
Case Number: SC 186/1972
JUSTICES:
COKER JSC
FATAYI-WILLIAMS JSC
UDOMA JSC
APPELLANTS
RAIMI FAGBEMI
ASHAKE AKINWUMI
CHIEF ABIODUN ONIRU
AMUSA OLATUNDE AROMIRE
RATIO
WHETHER OR NOT AN APPEAL WILL BE DISMISSED WHERE IT HAS NO MERITS
On appeal before us, a number of points were raised by learned counsel appearing for the defendants/appellants. A great many of those points were preposterous and to say the least, none of the points was acceptable. We have came to the conclusion that there is no substance in the appeals as the facts found by the learned trial Judge were clearly supported by the plethora of evidence before him and those facts show that in any case the defendants could not have maintained their contentions. PER COKER, JS.C.
COKER, JSC.: (Delivering the Judgement of the Court)
The matter for decision in this case lies within a very small compass. The plaintiffs’ case is that they had let out to the defendants some swamps along the Idumagbo foreshore of Lagos and that the defendants are now claiming ownership of the said lands in denial of their title as their landlords. The defendants on the other hand state that they are on lands which they had reclaimed from the waters of the sea or the Lagoon. The learned trial Judge, (Adedipe, J.), after a thorough and dispassionate consideration and examination of the evidence, came to the conclusion that the plaintiffs’ case was well founded and accepted it. He both expressly and impliedly rejected the case of the defendants and found in effect that they are tenants of the plaintiffs who are now trying to deny the title of the owners. He gave judgment against them as claimed on the writ.
On appeal before us, a number of points were raised by learned counsel appearing for the defendants/appellants. A great many of those points were preposterous and to say the least, none of the points was acceptable. We have came to the conclusion that there is no substance in the appeals as the facts found by the learned trial Judge were clearly supported by the plethora of evidence before him and those facts show that in any case the defendants could not have maintained their contentions. The appeals fail and both appeals are hereby dismissed. Each appellant shall pay to the respondents the costs of appeal fixed at 44 guineas. A formal application should be made to this court on the money deposited in court.
COUNSELS
G. O. K. Ajayi (with him, A.C. Ogunmodede), for the 1st Appellant.
