YISAWU SHOSIMBO V. THE STATE
August 12, 2025ABEL O. WOLUCHEM V. DR. CHARLES INKO-TARIAH WOKOMA
August 12, 2025Legalpedia Citation: (1974-03) Legalpedia 03704 (CA)
In the Court of Appeal
Holden At Lagos
Fri Mar 29, 1974
Suit Number: SC 20/1974
CORAM
FATAYI-WILLIAMS, JUSTICE SUPREME COURT
GEORGE B. A. COKER, JUSTICE SUPREME COURT
AYO GABRIEL IRIKEFE, JUSTICE SUPREME COURT
PARTIES
ASANI BALOGUN & ORS
APPELLANTS
ALIMI AGBOOLA
RESPONDENTS
AREA(S) OF LAW
LAW OF EVIDENCE- ESTOPPEL PER REM JUDICATAM
SUMMARY OF FACTS
The Plaintiffs sued (for himself and other members of the Oshundina family) the defendant (for himself and on behalf of the Ebo Olobi family) claiming declaration that the Plaintiffs are owners to a piece of land. The defendant pleaded pleaded estoppel per rem judicatem. The Plaintiff got Judgment in the High Court but the defendant got Judgment at the Court of Appeal.
HELD
The appeal succeeded and the Judgement of the court of appeal was set aside.
ISSUES
Whether the Judgment of Court of Appeal was against the weight of evidence
RATIONES DECIDENDI
LIMITED POWERS OF AN APPELLATE COURT ON EVIDENCE OF FACTS:
“The ascription of probative values to evidence is a matter primarily for the court of trial and it is not the business of a court of appeal to substitute its own views of undisputed facts for the views of the trial court. Interference by a court of appeal with respect to issues of fact is by law confined within very narrow and limited dimensions.” Per Coker, JSC
CASES CITED
Not Available
STATUTES REFERRED TO
Not Available
