MADAM ABUSATU AGBOGUNLERI VS JOHN DEPO & ORS
May 30, 2025CHIEF EDMUND I. AKANINWO & ORS V CHIEF O. N. NSIRIM & ORS
May 30, 2025Legalpedia Citation: (2008) Legalpedia (SC) 10311
In the Supreme Court of Nigeria
Fri Jan 18, 2008
Suit Number: SC.40/2003
CORAM
GEORGE ADESOLA OGUNTADE(Lead Judgment) JUSTICE, SUPREME COURT
PARTIES
1. CHIEF AMODU TIJANI DADAMUBEEN ADEYEMI TALABIMR. MOROOF AKANBI OBI (For themselves and on behalf of Ikotun Matori Families of Iyesi Otta, Ogun State) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellants brought this suit due to the failure of the Respondents to pay the due tributes to the Appellants’ families after falling trees, possession and perpetual injunction. The trial court found for the Appellants. Respondents’ appeal to the court of appeal was successful, hence this present appeal.
HELD
Appeal dismissed. The court held that the trial court did not properly evaluate the case of the parties at the trial as found by the court of Appeal.
ISSUES
1. Whether the second issue formulated by the appellants (now Respondents) at the Lower court did not dovetail into a complaint against evaluation of evidence by the trial court thus empowering the learned Justices of the Court of Appeal to proceed to re-evaluate the evidence of both parties and make appropriate findings after their Lordships had discerned from the record of appeal that the trial judge had failed to avail himself of the opportunity to conduct a proper evaluation of the facts presented by parties at trial.2. Whether the learned Justices of the Court of Appeal were not right in holding that the learned trial judge had made a wrong use of evidence in previous proceedings in a gross manner which engendered a miscarriage of justice and thus vitiated the judgment of the learned trial judge
RATIONES DECIDENDI
CASES CITED
1. Alade v. Aborishade [1960] SCNLR 398;2. Shonekan v. Smith [1964] 1 All N.L.R. 333. Obawole & Anor. v. Coker [1994] 5 NWLR 416,
STATUTES REFERRED TO
Evidence Act
