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ELEAZOR OBIOHA V. INNOCENT IBERO & ANOR

(1994) JELR 43379 (SC)

Supreme Court  •  SC.101/1993  •  28 Jan 1994  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; SALIHU MODIBBO ALFA BELGORE JSC; IDRIS LEGBO KUTIGI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; UTHMAN MOHAMMED JSC; YEKINI OLAYIWOLA ADIO JSC; ANTHONY IKECHUKWU IGUH JSC;

Appearances
P.O. Balonwu, S.A.N. (with him, Anthony Amene and Helen Balonwu) For Appellant Chief F.RA Williams, SAN. (with him, Chief Ejike O. Ume, SAN., T.E. Williams, Esq. and J.U. Igwe) For Respondent

Judgement

BELGORE, JSC (Delivering the Leading Ruling): On 26th day of February, 1993 in the appeal No. S.C.91/1988, this Court allowed the appeal and set aside the decision of the Court of Appeal. It was a unanimous decision. I had the opportunity of agreeing with the lead judgment when I held inter alia as follows:

"The appeal in any case must be decided on the grounds of appeal filed and as enunciated in the Briefs of Argument in support. There is no ground of appeal challenging the cogent and important findings of trial Judge on the boundary between the contending parties which he unambiguously placed at the "elope" (moat) and the Court of Appeal ought not to have dwelt so deeply into this definite and conclusive finding of fact in the absence of anything perverse or unlawful or inadmissible in evidence leading to that finding."

The respondent in that appeal, Eleazar Obioha, has now come with a motion on notice praying for orders:

(i) "directing a review of the judgment given in appeal S.C…

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