NGWO KALU VS THE STATE
July 17, 2025UKAOBASI AJUNWA VS THE STATE
July 17, 2025Legalpedia Citation: (1988) Legalpedia (SC) 21514
In the Supreme Court of Nigeria
Thu Sep 29, 1988
Suit Number: SC. 134/86
CORAM
ESO
COKER
KARIBI-WHYTE JUSTICE, SUPREME COURT
PARTIES
ALHAJI LAMIDI DAODU OLOWOSAGO (Deceased) substituted by MISTURA DAODU OLOWOSAGO MONSURU DAODU OLOWOSAGO BOLAJI DAODU OLOWOSAGO
APPELLANTS
ALHAJI AMUDA I. ADEBANJO
RESPONDENTS
AREA(S) OF LAW
Not Available
SUMMARY OF FACTS
The Plaintiffs/Appellants claimed for a declaration that the Plaintiffs are entitled to the Statutory right of occupancy, Possession of the said land, and Perpetual injunction restraining the Defendant his Agent OR Servants and privies from repeating OR continuing the acts of trespass to the said piece OR parcel of land.
HELD
APPEAL ALLOWED.
ISSUES
Not Available
RATIONES DECIDENDI
ASSESSMENT OF WITNESSES BY A TRIAL JUDGE WHEN GIVING EVIDENCE
It is trite law that the Trial Judge before who a witness gives evidence has a better opportunity of assessing its veracity by consideration of such evanescent factors as his reaction to cross-examination and his general attitude to the evidence he was giving. The duty of appraising and evaluating evidence is pre-eminently that of the Judge who heard and saw the witness” PER KARIBI WHYTE J.S.C
CASES CITED
Onowan v Iserhein (1976) 1 NMLR 263
STATUTES REFERRED TO
Not Available
