ISONG AKPAN UDOEBRE V THE STATE
June 24, 2025CO-OPERATIVE AND COMMERCIAL BANK (NIG) LTD V. MBAKWE
June 24, 2025Legalpedia Citation: (2001) Legalpedia (SC) 69928
In the Supreme Court of Nigeria
Fri Jun 1, 2001
Suit Number: SC.56/1996
CORAM
JUMMAI HANNATU SANKEY, JUSTICE SUPREME COURT
OKAY ACHIKE, JUSTICE, SUPREME COURT
EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT.
PARTIES
1.ALHAJI SARATU ADELEKE2.MRS. KUDIRATU KAREEM 3.OLAIDE OLAWORE 4.SAFURATU GBADAMOSI5.JELILATU IYABO OLAITAN. APPELLANT(S) / PLAINTIFF(S)
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The parties claimed to have purchased the land from a person who stated in evidence that he sold the land as his own to the plaintiff. The 2 lower courts gave judgment in favour of the defendant.?
HELD
The court allowed the appeal and held that the plaintiff proved his case. ?
ISSUES
1. Whether the Court of Appeal was right to have held that there was a lacuna in the case of the appellants on the ground that there was no corroboration of the testimony of P.W.2 on the sale of the disputed land to him by Lawani when that Court failed to advert to the adequate submissions made in the appellants’ brief on the issue in the court below. 2. Whether the failure of the Court below to consider and pronounce upon the second issue validly raised and argued by the appellants in their brief of argument before that Court did not occasion a miscarriage of justice.”
RATIONES DECIDENDI
PROPER EVALUATION OF EVIDENCE
A trial Judge has a primary duty to receive admissible evidence, assess the same, give it probative value and make specific findings of fact thereon. He must not impair the evidence either with his personal knowledge of matter not placed and canvassed before him, or by inadequate evaluation and should endeavour to avoid vitiating the case presented by the parties through his own wrongly stated or applied principle of law. He must carefully examine the evidence and clearly understand and appreciate the issues he has to resolve in the case, and then proceed to resolve them. His duty is to reach a decision only upon the basis of what is in issue and what has been demonstrated upon the evidence by the parties and is supported in law – Uwaifo J.S.C.
CASES CITED
1. Bornu Holdings Ltd. v. Bogoco (1971) 1 All NLR 324 at 330; 2. Adeniyi v. Adeniyi (1972) 4 S.C .10 at 17; 3. Shodeinde v. Ahmadiyya Movement-In-Islam (1983) 2 SCNLR 284 at 3204. Kodilinye v. Mbanefo Odu (1935) 2 WACA 3365. Aromire v. Awoyemi (1972) 2 SC 1 at 10-11, 6. Godwin Egwuh v. Duro Ogunkehin, SC.529/66 decided on 28 February, 1969?
STATUTES REFERRED TO
NONE
