EMMANUEL AGBANELO VS UNION BANK OF NIGERIA LTD.
June 26, 2025SUNDAY IHUEBEKA VS THE STATE
June 26, 2025Legalpedia Citation: (2000) Legalpedia (SC) 62411
In the Supreme Court of Nigeria
Fri Apr 14, 2000
Suit Number: SC.80/1994
CORAM
ADOLPHUS G. KARIBI-WHYTE, JUSTICE, SUPREME COURT
IDRIS L. KUTIGI , JUSTICE, SUPREME COURT
THMAN MOHAMMED , JUSTICE, SUPREME COURT
ALOYSIUS I. KATSINA-ALU, JUSTICE, SUPREME COURT
MICHAEL E. OGUNDARE, JUSTICE SUPREME COURT
PARTIES
GILBERT T. ESANJUMI SAGAY substituted for Andrew Agbaminebitse Sagay, (DCD), (for himself and on behalf of the children of late Joseph Esanjumi Sagay) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant, (the plaintiff) on behalf of himself and the children of Joseph Esanjumi Sagay, (Joseph Sagay) sued the three respondents (the defendants) for themselves and on behalf of the Amukpe Community claiming damages for trespass and perpetual injunction.
HELD
That the Court of Appeal were right in holding that the proper order to make was to remit the case to the High court for retrial before another judge of that court
ISSUES
Whether the Court of Appeal were justified in ordering the case to be reheard
RATIONES DECIDENDI
PROPER EVALUATION OF EVIDENCE
When there are materials before the judge upon which he has to assess the evidence of a witness, it is not enough for the judge to say that he believed that witness without proper evaluation of the evidence upon which he based his belief-Per Emmanuel O. Ayoola, JSC
DUTY OF TRIAL COURT IN ASSESSING EVIDENCE
The appraisal of oral evidence and the ascription of probative values to evidence is the primary function of the trial court. Where the issue turns on the credibility of witnesses an appellate court which has not seen the witnesses must defer to the opinion of the trial court. Where the trial court has made an imperfect or improper use of the opportunities of seeing the witnesses, the appellate court will not seek to ascribe credibility to the witnesses but would order a retrial. Per Emmanuel O. Ayoola, JSC
CASES CITED
1. Gbadamosi v. Ajao SC. 462/662. Ozibe & Ors. v. Aigbe & Ors. (1977) 11 N.S.C.C. 3893. Fashanu v. Adekoya (1974) 6 SC 83?
STATUTES REFERRED TO
NONE
