CORAM
ADEMOLA, CHIEF JUSTICE, NIGERIA
BRETT, JUSTICE, SUPREME COURT
COKER, JUSTICE, SUPREME COURT
ADEMOLA CHIEF JUSTICE, NIGERIA
BRETT JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
PARTIES
G.B.A AKINYEDE AND OTHERS APPELLANTS
Y.M. OPERE AND OTHERS
RESPONDENTS
AREA(S) OF LAW
PRACTICE AND PROCEDURE, APPEAL – LEAVE TO CALL ADDITIONAL EVIDENCE
SUMMARY OF FACTS
The appellants filed application to call a witness who testified before the trial court on the ground that he was wrongly recorded by the trial judge without substantial evidence that the record did not reflect what took place during the proceedings.
HELD
The court held that there was insufficient evidence for the court to grant the application.
ISSUES
Whether the court ought to grant the appellants’ application.
RATIONES DECIDENDI
THE INHERENT POWER OF THE COURT TO ORDER THE AMENDMENT OF RECORD OF TRIAL COURT.
The court has an inherent power to order the record of appeal of the trial to be amended so as to comply with facts proved and the decision given. Per Ademola C.J.N
THE INHERENT POWER OF THE COURT TO ORDER THE AMENDMENT OF RECORD OF TRIAL COURT.
In exceptional cases as for instance where both parties are agreed, or where there is conclusive evidence to show that what was recorded by the trial judge was not what the witness said, we shall be willing to consider exercising the inherent powers of the court to amend the record. Per Ademola C.J.N
THE INHERENT POWER OF THE COURT TO ORDER THE AMENDMENT OF RECORD OF TRIAL COURT
1. ‘The court has an inherent power to order the record of appeal of the trial to be amended so as to comply with facts proved and the decision given.’ Per Ademola C.J.N
THE INHERENT POWER OF THE COURT TO ORDER THE AMENDMENT OF RECORD OF TRIAL COURT
2. ‘In exceptional cases as for instance where both parties are agreed, or where there is conclusive evidence to show that what was recorded by the trial judge was not what the witness said, we shall be willing to consider exercising the inherent powers of the court to amend the record.’ Per Ademola C.J.N
CASES CITED
STATUTES REFERRED TO
Thynne v. Thynne [1955] 3 W.L.R. 466