BORNU HOLDING & CO. LTD V. ADAMA DIPCHARIMA
August 8, 2025NWASHIRI OFOHA V. THE STATE
August 8, 2025Legalpedia Citation: (1976) Legalpedia (SC) 41104
In the Supreme Court of Nigeria
Fri Jan 30, 1976
Suit Number: SC. 237/1974
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
ABOLADE AGBOOLA ALADE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant sued the respondent over ownership of a land. At the trial court, a sum-copy of a survey plan was tendered in evidence unchallenged. It was admitted by the court and judgment was awarded to the respondent. The appellant now seeks to challenge the admission of the sum-copy of the survey plan.
HELD
It was held that the appellant cannot challenge the admission of the sum-copy of the survey plan since he has failed to do so at the trial court.
ISSUES
Whether the sum-printed copy of the plan filed by the plaintiff in the previous suit was rightly admitted in evidence when there was no account of the loss or the whereabout of the primary evidence to wit, the original plan”.
RATIONES DECIDENDI
STATUS INADMISSIBLE EVIDENCE AND CONDITIONALLY ADMISSIBLE EVIDENCE
In a trial by a Judge alone, as in the case in hand, a distinction must be drawn between those cases where the evidence complained of is in no circumstance admissible in law and where the evidence complained of is admissible under certain conditions. In the former class of cases the evidence cannot be acted upon even if parties admitted it by consent and the Court of Appeal will entertain a complaint on the admissibility of such evidence by the lower court (although the evidence was admitted in the lower court without objection); in the latter class of cases, if the evidence was admitted in the lower court without objection or by consent of parties or was used by the opposite party (e.g. for the purpose of cross-examination) then it would be within the competence of the trial court to act on it and the Court of Appeal will not entertain any complaint on the admissibility of such evidence. IDIGBE, JSC
CASES CITED
Ajayi v. Fisher 1 FSC 97
Esso West Africa Incorporated v. Alli (1968) NMLR 414
Jacker v. The International Cable Company Ltd. (1888) 5 TLR 13
Minister of Lands, Western Nigeria v. Dr. Nnamdi Azikiwe and Ors. – SC 169/68
Cavallotti Govianni v. Bonaso Luigi S.C.402/67
Chukwurah Akunne v. Mathias Ekwunne & Ors. (1952)14 WACA 59
STATUTES REFERRED TO
96 (1)(b) of the Evidence Act
