CORAM

PARTIES

1. AYISATU ASHABI EWUOSO2. MOROUNMUBO EWUOSO3. FOLASADE EWUOSO(For themselves and on behalf of Ewuoso family) APPELLANTS

DEFENDANTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant’s claim to the right of occupancy over the land in dispute was dismissed by the trial court, though the court of appeal held that the trial court did not properly evaluated the evidence, it nevertheless confirmed the dismissal.    ?

HELD

That since the Court of Appeal had faulted the reasoning of the trial court on his evaluation of the evidence, it was wrong for the court to go ahead to hold that, the plaintiffs did not prove the land in dispute with certainty and therefore ordered a retrial.

ISSUES

(1) Having regard to the fact that the identity of the land was not an issue before the Court of Appeal, whether the learned Justices were right in dismissing the Appellants’ appeal on that ground, namely, that the identity of the land was not proved with certainty.(2) Whether having regard to the several findings made by the Court of Appeal in their judgment, the learned Justices were right in dismissing the appeal.(3) In view of the failure of the learned Chief Judge to evaluate the evidence on trespass and injunction and make necessary findings thereon, whether the learned Justices were right in embarking on evaluation of evidence (in which credibility of witnesses had a role to play) and making findings thereon.

RATIONES DECIDENDI

IMPROPER EVALUATION OF EVIDENCE

Where an appellate court found that the trial court improperly evaluated the evidence before it, the proper order to make is retrial and not dismissal – Ogundare J.S.C.

CASES CITED

Iyaji v. Eyigebe (1987) 3 NWLR (Pt. 61), 523    ?

STATUTES REFERRED TO

NONE

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