BASIL EGBUONU VS BORNO RADIO TELEVISON CORPORATION
July 1, 2025ALHAJI ABDUL WAHAB ODEKILEKUN VS MRS. COMFORT OLUBUKOLA HASSAN & ANOR
July 1, 2025Legalpedia Citation: (1997) Legalpedia (SC) 81111
In the Supreme Court of Nigeria
Fri Dec 19, 1997
Suit Number: SC.138/1991
CORAM
M.L. UWAIS. JUSTICE, SUPREME COURT
I.L. KUTIGI, JUSTICE, SUPREME COURT
M.E. OGUNDARE. JUSTICE, SUPREME COURT
E.O. OGWUEGBU, JUSTICE, SUPREME COURT
PARTIES
DATOEGOEM DAKAT APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant brought an action against the respondent for trespass ?
HELD
The appeal fails and accordingly, it is dismissed. The judgment of the Senior District Judge in favour of the respondent which was affirmed by the High Court and the Court of Appeal is hereby further affirmed. I make no order as to costs in view of the fact that the respondent neither filed any brief nor appeared either in person or through counsel since the case terminated in the Senior District Court.
ISSUES
Whether this court can go into the question of credibility of witnesses ?
RATIONES DECIDENDI
BURDEN OF PROOF IN CIVIL CASES
Generally speaking, the burden of proof is on the plaintiff in a civil case and in this case the onus was on the plaintiff to prove the trespass he alleged and in order to succeed, he had to satisfy the trial court on the preponderance of evidence that at the time of the trespass, he was in exclusive possession of the farm land, PER OGWUEGBU, J.S.C
DUTY OF TRIAL COURT TO EVALUATE EVIDENCE
It is without doubt the duty of a trial court to assess witnesses, form impression about them and evaluate their evidence having regard to the impression it formed of the witnesses.PER OGWUEGBU, J.S.C
CASES CITED
Okafor v. Idigo (1984)1 SCNLR. 481,Balogun v. Agboola (1974)10 SC. IIIAdebakin v. Odujebe (1972)6 S.C. 208,Amakor v. Obiefuna (1974)3 SC. 67 Balogun V. Labiran (1988)3 NWLR (Pt. 80)66.
STATUTES REFERRED TO
District Courts Law Cap.33,Laws of Northern Nigeria, 1963 ?
