CORAM

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OBASEKI, JUSTICE, SUPREME COURT

OKAY ACHIKE JUSTICE, SUPREME COURT

SOWEMIMO, JUSTICE, SUPREME COURT

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PARTIES

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CHIEF IGUNBOR IGBODIM ECHENOM OLINGWOR IWE ASIWE (For themselves and on behalf of the people of Owa-Alero) APPELLANTS

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RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

The respondents claim for declaration to land and injunction against the appellants was granted by the learned trial court. The appellants herein appeal the said decision on the ground that the judgment was not based on all the admissible evidence before the court.

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HELD

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Allowing the appeal, it was held that the trial court failed to act on all the legal evidence before it.

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ISSUES

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None.

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RATIONES DECIDENDI

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COURTS DUTY IN ASSESSING ADMISSIBLE EVIDENCE

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Where admissible evidence on facts pleaded has been adduced by a party, it is the duty of the trial court to consider, assess and evaluate the evidence. He is not entitled to abandon this duty on any pretext Per OBASEKI, AG. JSC.

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POWER OF A TRIAL JUDGE TO REJECT EVIDENCE AT THE JUDGMENT STAGE

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The power of a trial Judge to reject evidence at the judgment stage is limited to inadmissible evidence. It does not extend to legally admissible evidence on facts pleaded for a party being bound by his own pleadings Per OBASEKI, AG. JSC.

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CASES CITED

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National Investment Properties Co. Ltd. v. Thompson Organisation (1969) NMLR 99 at 104

Esso West Africa Incorporated v. Alli (1968) NMLR 414 at 423)

Ajayi v. Fisher 1 FSC 97

Daniel Adenuga v. Lagos Town Council, 13 WACA 125

Aniemeka Emegokwe v. James Okadigbo (1973) 4 S.C.113 at 117

Morinatu Odukale & Ors. v. Kasumu & Ors. (1968) NMLR 28 at 31

Chief Sule Jumbo & Ors. v. Aminu Asani & Ors., SC 373/67 of 13th March 1970

Nigeria Fishing Company & Ors. v. Western Nigeria Finance Corporation, SC.327/67 of 27th June, 1969 (unreported)

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STATUTES REFERRED TO

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Evidence Act

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