Wahab Kolawole Isola & 5 Ors. V. Alh. Karimu Folorunso & Anor.

Subject Matter:

Land – Lease of family land –  Difference between allotment and partitioning

Appeal – Re-evaluation of evidence by an appellate court

Appeal: Effect of failure to make a consequential order by the Court of Appeal

Appeal: Role of the Appellate Court in formulating and deciding issues before it

“It is to be noted that in the modern system of adjudication in our appellate courts, formulation of issue is one different thing and the deciding of the issue is another thing. A counsel may formulate as many issues as he thinks his grounds of appeal can permit but the court, in its own wisdom, may, either for convenience or in order to reduce unnecessary duplication/repetition of decisions which will appear seemingly identical in an appeal, decide to reduce the number of issues or stream-line like issues or “Compress” the issues presented by the parties for consideration As a matter of fact, the court has the power to go out of its own way to formulate or re-formulate issues for the determination of the appeal.”

– per Ibrahim Tanko Muhammad, JSC

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Wahab Alamu Sapo & Anor V. Alhaji Bintus Sunmonu

Subject Matter:

Appeal: Ground of Appeal in respect of which no issue has been formulated is deemed abandoned.

Appeal: Issues not raised in the Court of Appeal – whether Competent in the Supreme Court

Appeal: Re-evaluation of Evidence

Land: Traditional Title – Proof of Ownership

Practice and Procedure: Effect of Non Joinder of Parties

Practice and Procedure: Death of Party – Duty of Counsel to inform the Court

Practice and Procedure Effect of death of one party on jurisdiction – Court

The consequence is now firmly settled. A ground of appeal in respect of which no issue has been formulated, is deemed to have been abandoned and such a ground, must be struck out.

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Ireju Nwokidu And Ors V Mark Okanu

Subject Matter:
Land Law; Declaratory Action – the onus is on the plaintiff to prove his case.
Evidence: weight of Evidence: Factors considered in determining same.
Appeal: where in civil trials the finding or non finding of facts by a trial court is questioned on appeal; what the appellate court needs to know.
Title to Land: What the plaintiff must prove to succeed.

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