CORAM
PARTIES
A. O. EGHOBAMIEN APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
his is an appeal from the decision of the Court of Appeal, Benin Division. In a unaninious decision the Court of Appeal set aside the judgment of Edokpayi J. of Edo High Court which was delivered in favour of the Plaintiff, Mr. A. O. Eghobamien, against the Federal Mortgage Bank of Nigeria.
HELD
Appeal dismissed.
ISSUES
“1. Whether the Court of Appeal was right in pronouncing on the issue not canvassed before it.2. Whether the amount of N5,000 awarded for detinue is adequate.3. Whether in the circumstances the cost N2,000.00 awarded against the appellant by the appellate court was not excessive.4. Whether the action was based on breach of contract or detinue.5. Having regard to the totality of the evidence before the lower courts, whether the appellant is not entitled to judgement.”?
RATIONES DECIDENDI
JUDICIAL EXAMINATION OF EVIDENCE
A trial is a judicial exaimination of evidence according to the law of the land given before the court after hearing parties and their witnesses. A trial must be conducted by the judge himself and at the end of the heaving he will write a judgment which is the authentic decision based on the evidence he received and recorded. It is a mistrial for one judge to receive evidence and another to write judgment on it. Per UTHMAN MOHAMMED, JSC
ADMITTING EVIDENCE OF PREVIOUS PROCEEDINGS WHETHER PARTIES CAN WAIVE THE CONDITION PRECEDENT THERETO.
The provisions of section 34(1) of the Evidence Act is mandatory and cannot be waived. If consent is given to admit evidence which is contrary to the provisions of a statute (e.g.S.34(1) of the Evidence Act) the courts must ignore it because it is a case of giving consent to an illegality. Per UTHMAN MOHAMMED, JSC
CASES CITED
Joseph Nahman v. J. A. Odutola (1953) 14 WACA 381Kale v. Coker (1982) 12 S.C. 252.Menakaya v. Menakaya (2001) 16 NWLR (Part 738) 203 at 236 and 263; (2001) 12 SCM 107Francis Shanu and Anor. v. Afribank Nigeria PLC, delivered on 21st June, 2002, [reported (2002) 10 SCM?
STATUTES REFERRED TO
None