EGBARAN V IGBAKPAN AKPOTOR

CORAM

MUHAMMAD SAIFULLAHI MUNTAKA- COOMASSIE, JUSTICE, SUPREME COURT

JOSEPH SHAGBAOR IKYEGH JUSTICE’ COURT OF APPEAL

ABUBAKAR BASHIR WALI, JUSTICE, SUPREME COURT (Presided)

JAMES OGENYI OGEBE, JSC (LEAD JUDGMENT), JUSTICE, SUPREME COURT

ABUBAKAR BASHIR WALI, JUSTICE, SUPREME COURT(Presided)

PARTIES

1. OKEMIAMERAYE EGBARAN2. SAMSON A. ERABOH3. IKEPERO ALERUBO(For themselves and on behalf of Ajija family of Okwetolor) APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The plaintiff/appellant commenced an action against the defendant/ respondent claiming possession and forfeiture of the defendant/respondents customary tenancy.

HELD

In the result, this appeal fails and it is accordingly dismissed with N l,000.00 costs to the respondents.

ISSUES

1. Whether notwithstanding the wrongful admission of evidence the learned judge was justified in entering judgment for the respondent.2. Whether the court below was wrong in failing to disturb the judgment or findings of the learned trial Judge on the basis that he did not fail to evaluate the evidence led before him and properly did so.

RATIONES DECIDENDI

WHEN APPELLATE COURTS CAN INTERFERE WITH FINDINGS OF LOWER COURTS

In appeals on findings of fact such as the one under consideration, a Court of Appeal would, and indeed should be loath to interfere with the facts found by the trial Judge unless there is an obvious error in the appraisal of the evidence and the ascription of probative values thereto. PER ONU. JSC

WHERE INADMISSIBLE EVIDENCE IS ADMITTED

Where inadmissible evidence is admitted it must be expunged, it being immaterial whether such evidence was objected to or not. PER ONU. JSC

CASES CITED

Dugbo & ors. v. Kporoaro & ors. (1958) WNLR 73Ajayi v. Fisher (1956)1 F.S.C. 90Owonyin v. Omotosho (1961) 2 SCNLR 57 (1961) 1 All NLR 304;Awoyegbe v. Ogbeide (1988) 1 NWLR (Part 73) 695 N.I.P.C. Ltd. V. Thompson Organizational Ltd (1969) NMLR 99Saraki v. Kotoye (1929) 9 NWLR (Pt. 264) 156 at 202.Kodilinye v. Odu (1935) 2 WACA page 336; Okoye v. Ejiefo (1934) 2 WACA page 130;Kuma v. Kuma (1936) 5 WACA page 4;Akinloye v. Eyiyola (1968) NMLR 92 at 99;