J. A. MAKANJUOLA VS OYELAKIN BALOGUN
July 17, 2025CHIEF L. OYELAKIN BALOGUN VS ALHAJI BUSARI AMUBIKAHUN
July 17, 2025Legalpedia Citation: (1989-05) Legalpedia (SC) 21118
In the Supreme Court of Nigeria
Fri May 5, 1989
Suit Number: SC. 136/1985
CORAM
ESO JUSTICE, SUPREME COURT
UWAIS JUSTICE, SUPREME COURT
P. NNAEMEKA-AGU JUSTICE, SUPREME COURT
WALTER SAMUEL NKANU ONNOGHEN, JUSTICE, COURT OF APPEAL
KARIBI-WHITE JUSTICE, SUPREME COURT
PARTIES
DANIEL DIBIAMAKA
ASIELU IKESAKWU
LOGODOKWU OKPUNO (For themselves and on behalf of the people of UMNONAI QUARTERS OF AKWUKWU)
APPELLANTS
PRINCE O. OSAKWU
JACOB BAKWUNYE (For themselves and on behalf of OGBE-OBI UMUEKEKE QUARTERS OF AKWUKWU)
OBI ODOR
DAVID ODOR
NWADIEZE ODOR (For themselves and on behalf of ANINWAELO TOWN near AKWUKWU)
RESPONDENTS
AREA(S) OF LAW
APPEAL/ DECLARATION OF TITLE TO LAND / CONCURRENT FINDINGS OF FACT /EVALUATION OF EVIDENCE/ JUDGMENT
SUMMARY OF FACTS
The appellants claim to title to the land in dispute was dismissed by the trial court and the court of appeal. ?
HELD
The court dismissed the appeal.
ISSUES
Not Available
RATIONES DECIDENDI
ATTITUDE OF APEX COURT TO CONCURRENT FINDINGS OF LOWER COURTS.
It is the policy of this Court not to disturb concurrent findings of fact unless it is shown that either they were perverse or that there was a substantial error either in substantive or procedural law which if uncorrected will lead to miscarriage of justice- Oputa J.S.C
EVALUATION OF EVIDENCE IN CIVIL MATTERS.
Although civil cases are won on a preponderance of evidence yet it has to be a preponderance of admissible, relevant and credible evidence; evidence that is conclusive and that commands such probability that is in keeping with the surrounding circumstances of the case in hand.- Oputa J.S.C
WHEN APPELLATE COURT WILL SET ASIDE TRIAL COURT’S JUDGEMENT BASED ON DELAY IN DELIVERING OF JUDGEMENT.
When inordinate delay between the end of the trial and the writing of the judgment apparently and obviously affected the trial Judge’s perception, appreciation and evaluation of the evidence so that it can be easily seen that he has lost the impressions made on him by the witnesses, then in such a case, there might be some fear of a possible miscarriage of justice and there, but only there, will an appellate Court intervene. The emphasis is not on the length of time simpliciter but on the effect it produced in the mind of the trial judge.- Oputa J.S.C
CASES CITED
1. Abinabina v Enyimadu 12 WACA. 171 at p.174
2. Kojo v. Bonsie (1957) 1 WLR. 1273
3. Onwuka v. Ediala (1989)1 NWLR. 182 at Pp.208/209
4. Woluchem v. Gudi (1981) 5 SC. 291 at p.295
5. Mogaji v. Odofin (1978) 4 SC.91
STATUTES REFERRED TO
The 1979 Constitution
