AFRICAN CONTINENTAL BANK LTD V. FESTUS SUMIOLA YESUFU
August 4, 2025CHUKUKA OSSAI NWABUOKEI VS FRANCIS IWENJIWE & ORS
August 4, 2025Legalpedia Citation: (1978-02) Legalpedia (SC) 81311
In the Supreme Court of Nigeria
Fri Feb 10, 1978
Suit Number: SC. 122/1976
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
ESO JUSTICE, SUPREME COURT
PARTIES
CHIEF JUSTUS UDUEDO AKPOR (For himself and on behalf of Odhe branch of the Emeni family of Irri town in isoko Division)
APPELLANTS
ODHOGO IGUORIGUO
ILAYA IGUORIGUO
OKPOMERIE IGUORIGUO
ODARIEDUO IGUORIGUO
OLOGU OGBERIBHR (For themselves and on behalf of the Ateme family of Irri Town in Isoko Division.)
6. IYERI UDHERIOKE (F)
RESPONDENTS
AREA(S) OF LAW
COURT – JUDGMENT
SUMMARY OF FACTS
The trial court gave judgment against the appellant on the basis of evidence which were given more than 2 years before. There had had been series of adjournment coupled with the fact the judge was transferred to other division before returning to conclude the case.
HELD
The court allowed the appeal.
ISSUES
Whether the learned trial judge in the peculiar circumstances of these proceedings ought to be regarded as having lost his impressions of the witnesses who testified before him long before he delivered his judgment
RATIONES DECIDENDI
DUTY ON APPELLATE COURT TO SET ASIDE FINDINGS OF A TRIAL JUDGE BASED UPON ILL-FOUNDED IMPRESSION OF A WITNESS BY REASON OF LAPSE OF TIME
In non-jury cases coming on appeal, the Judges findings, made after hearing the witnesses and observing their demeanour, are entitled to great weight and should not be disturbed unless it is clear that they are unsound. An appellate tribunal, however, can in appropriate cases interfere with such findings (based on facts given in evidence by witness) if from the record it is convinced that such findings are based upon ill-founded impression of a witness or that the learned Judge in the trial court has not taken proper advantage of his having seen, heard and observed the demeanour of a witness- Idigbe J.S.C
CASES CITED
Awobiyi & Sons v. Igbalaiye Brothers (1965) 1 All NLR 163
STATUTES REFERRED TO
Not Available
