CORAM
MICHAEL EKUNDAYO OGUNDARE, JSC. (Read the Leading Judgment) JUSTICE, SUPREME COURT
PARTIES
1. CHIEF D. M. OKOCHI2. CHIEF S. O. NAZIKE3. CHIEF EKPAH ENEBELI (FOR THEMSELVES AND ON BEHALF OF EMU EBENDO COMMUNITY) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
This is an appeal from the judgment of the Court of Appeal, Benin Division, in which the court allowed the appeal of the respondents, who were the appellants in the lower court.?
HELD
Appeal allowed.?
ISSUES
1. Whether the appellants did not establish the boundaries of the land in dispute.2. Whether the Rule in Kojo was rightly applied by the court below?
RATIONES DECIDENDI
CONCURRENT FINDINGS OF FACTS OF LOWER COURTS WILL NOT BE SET ASIDE EXCEPT WHERE IT IS PERVERSE
It is elementary law that an appellate court cannot reject the findings of a trial Judge on the evidence of witnesses unless such findings are perverse. Per Niki Tobi J.S.C.
EFFECT OF MISSING RECORD OF APPEAL
Where all diligent efforts to procure the missing part of the Record fails, the court should take the most painful decision of ordering a retrial in the matter if the missing portion of the record is material to the appeal. Per Niki Tobi J.S.C.
CASES CITED
Baruwa V. Ogunsola (1938) 4 WACA 159 Udeze V. Chidebe (1990) 1 NWLR (Part 125) 141Aikhionbare V. Omoregie (1976) 12 SC 11Chukwueke V. Nwankwo (1985) 2 NWLR (Part 6) 195Kate Enterprises Ltd. V. Daewoo Nigeria Ltd. (1985) 2 NWLR (Part 5) 116Emenimaya V. Okorji (1987) 3 NWLR (Part 59) 6?
STATUTES REFERRED TO
NONE?