GODWIN ETUK UDO VS THE STATE
August 16, 2025MICHEAL OGO IBEZIAKO VS AKUWATA NWAGBOGU & ANOR
August 19, 2025Legalpedia Citation: (1972) Legalpedia (SC) 44731
In the Supreme Court of Nigeria
Fri Sep 22, 1972
Suit Number: SC. 517/1966
CORAM
COKER JUSTICE, SUPREME COURT
UDOMA JUSTICE, SUPREME COURT
FATAYI-WILLIAMS JUSTICE, SUPREME COURT
PARTIES
AMA AKURUNWA IBECHENJO AKURUNWA JIWUGA UMAGWUEZEKWE IHEJIOGUJAMES NWOSU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The matter is an appeal against the decision of the trial Court which award judgment to the plaintiffs for declaration of title. Plaintiffs relied solely on Exhibit B, a previous judgment of the native court in respect of the land in dispute in their favour .The defendant maintains that trial court did not properly evaluate the evidence before it and therefore came to a wrong conclusion in the matter.
HELD
The court held that the judgment of the trial court was error in that, evidence adduced by both parties at the trial were not properly evaluated by the court and the admission of exhibit B, the basis upon which the plaintiff s claim to title rest, have no binding effect as estoppels between the parties thereto.
ISSUES
That the learned trial Judge failed completely to evaluate the mass of evidence led before him and therefore made no findings thereon but based his judgment entirely on the proceedings and judgment in suit No. 14/47, Exhibit B, to which the appellants were not parties.
RATIONES DECIDENDI
EVALUATION OF EVIDENCE
A court of law should properly evaluate evidence adduced by the parties before coming to its conclusion. PER UDO UDOMA JSC
WHAT AMOUNTS TO ESTOPPEL
a matter which has no binding effect on both parties to a dispute cannot be the foundation of estoppel of any sort between parties. UDO UDOMA JSC
CASES CITED
None
STATUTES REFERRED TO
None
