REV. LIJADU VS MRS FRANKLIN (NEE) LIJADU
September 3, 2025ANOWELE & G. NWAFOR VS THE STATE
September 3, 2025Legalpedia Citation: (1965-03) Legalpedia 42790 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Thu Mar 25, 1965
Suit Number: SC 354/1964
CORAM
BAIRAMIAN CHIEF JUSTICE, SUPREME COURT
ONYEAMA JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
PARTIES
BELL-GAM GEOFFREY
APPELLANTS
BELL-GAM GRACE
RESPONDENTS
AREA(S) OF LAW
EVIDENCE-FAMILY LAW
SUMMARY OF FACTS
W.J. Palmer J. gave judgment for dissolution of marriage on the ground of desertion and of the appellant’s adultery; custody of the two children of the marriage was granted to the respondent and dismissed the appellant’s prayer for divorce in his answer; and a monthly maintenance of £2.10s.0d for each child until the age of sixteen. Dissatisfied the appellant brought this appeal.
HELD
The trial was set aside and a fresh trial was ordered.
ISSUES
RATIONES DECIDENDI
POWER OF A JUDGE TO CALL A WITNESS
ALASAN BABA judge has no power to call a witness except with the consent of the parties. The situation may arise in which it appears to the judge that a person can throw light on the case under trial but has not been called as a witness by either party because neither party wishes to make him his witness. The judge may call him as a witness with the acquiescence of the parties and ask him the questions on which the judge thinks the witness can help. If his answers are useless on the issue in the case, neither party would be allowed to cross-examine him; but if his evidence is adverse to a party, that party should be given leave to cross-examine him on his answers only. Per Bairamian JSCATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41A judge has
CASES CITED
Coulson v. Disborough [1894] 2 Q.B., 316, C.A.,
In re Enoch Zaretzky, Bock & Co.’s Arbitration [1910] 1 KB. 327, C.A.
STATUTES REFERRED TO
High Court Law (E.N.)
