CHIEF FALADE ONISAODU & ANOR VS CHIEF ASUNMO ELEWUJU & ANOR

CORAM

ACHOLONU

PARTIES

CHIEF FALADE ONISAODU & ANOR APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The respondent brought an action for declaration of title to land leading traditional evidence to establish same.

HELD

The Court held that the evidence of the Defendants witness that plaintiffs owned the land was material and a fatal admission supporting plaintiff’s case. The Court affirmed judgment in favour of plaintiff. Appeal dismissed.

ISSUES

1. Whether the Court of Appeal was right in holding that the admissions and contradictions in the appellant evidence in the court of first instance have reduced the weight of appellant’s evidence before the court and have knocked the bottom out of the case for the appellants.2. Whether having examined the evidence before the trial court and found that the trial court had failed to appraise the evidence properly, the Court of Appeal was right, and it was its duty to give the proper appraisal to the evidence.

RATIONES DECIDENDI

TRIAL COURT CANNOT PICK AND CHOOSE THE EVIDENCE TO BE ASSESSED

It is the totality of the evidence that has to be evaluated and assessed together. The trial court cannot pick and choose the evidence to be assessed Per KATSINA-ALU, JSC

CASES CITED

Adeleke V. Iyanda (2001) 13 NWLR (Part 729), (2001) 8 SCM 29Adeniyi V. Adeniyi (1972) 1 SC, 10Chief Salami Olatunde & Anor V. Salami Afolabi Abidogun & Anor (2001) 18 NWLR (Part 746) 712, (2001) 1 SCM 205Daniel Basil & Anor V. Chief Lasisi Fajebe & Anor (2001) 11 NWLR (Part 725) 592, (2001) 7 SCM 32Idundun & Ors. V. Okumagba & Ors (1916) 10 SC 247, (2001) 6 SCM, 186, Vol. 1 ACLC, 137Kodilinye V. Odu 2 WACA 336, Vol 1 ACLC 192Mogaji & Ors. V. Cadbury (Nig.) Ltd. (1985) 2 NWLR (Pt.8) 393, Vol 2 ACLC 217Mogaji & Others V. Odofin & Others (1978) 4SC 91N.B.N. Ltd V. T.A.S.A. Ltd. 1996 8 NWLROjiegbe & Ors. V. Okwaranyia & Ors (1962) ALL NLR 605. (1962) 2 SC NLR 358Woluchem V. Gudi (1981) 5 SC 291