E. B. SORUNKE VS J. D. ODEBUNMI
September 10, 2025EMMANUEL EKWUNO AND 18 ORS VS IFEJIKA AND ANOR
September 10, 2025Legalpedia Citation: (1960-09) Legalpedia 93199 (SC)
In the Supreme Court of Nigeria
HOLDEN AT LAGOS
Fri Sep 2, 1960
Suit Number: SC 3/1960
CORAM
ADEMOLA, JUSTICE SUPREME COURT
ABBOTT, JUSTICE SUPREME COURT
HUBBARD, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
LAWANI ABORISHADE
RESPONDENTS
AREA(S) OF LAW
LAND LAW – ACQUIESCENSE-COURT-EVIDENCE GIVING IN PREVIOUS PROCEEDINGS-SECTION 34 OF THE EVIDENCE ACT
SUMMARY OF FACTS
The appellant’s claim to title to the land in dispute was dismissed on grounds of acquiescence because the appellant refused to pay rent. In reaching the decision, the lower court relied heavily the evidence of a witness given in previous proceedings.
HELD
The court held that there the lower court was in error and ordered a retrial.
ISSUES
Whether the lower court was right in dismissing the appellant’s claim.
RATIONES DECIDENDI
LANDLORD-TENANT- WHETHER NON PAYMENT OF RENT BY TENANT CONSTITUTES A CHALLENGE ON THE LANDLORD’S TITLE.
‘Nonpayment of rent by itself by no means necessarily shows a challenge to the title of the landlord or owner.’ Per ABBOTT, F.J.
THE VALUE OF EVIDENCE GIVING IN PREVIOUS PROCEEDINGS
‘The evidence given in an earlier case by persons who also testify in a later case may be used for cross-examination as to credit but it is of no higher value than that.’ Per ABBOTT, F.J.
CASES CITED
Not Available
STATUTES REFERRED TO
The Evidence Ordinance
