FELIX O. OSAWARU V. SIMEON O. EZEIRUKA
August 4, 2025ANDREW O. AJUFO V. CHRISTOPHER AJARBOR & ORS
August 4, 2025Legalpedia Citation: (1978-06) Legalpedia (SC) 79199
In the Supreme Court of Nigeria
Fri Jun 16, 1978
Suit Number: SC. 374/1976
CORAM
IKECHI FRANCIS OGBUAU, JUSTICE, SUPREME COURT
MOHAMMED BELLO, JUSTICE, SUPREME COURT
KAYODE ESO, JUSTICE, SUPREME COURT
PARTIES
GODWIN AGBEYEGBE
APPELLANTS
SEISMOGRAPH SERVICES (NIG) LIMITED
RESPONDENTS
AREA(S) OF LAW
COURT – AGREEMENT
SUMMARY OF FACTS
The appellant claimed against the respondent the agreed amount of compensation for the destruction to his pig farm as a result of the respondents seismic operation. The evidence at trial pointed to the existence of the agreement but the trial court relied on other consideration in dismissing the appellants claim.
HELD
The court allowed the appeal.
ISSUES
Whether or not there was an agreement between the parties arising out of negotiation to pay the plaintiff the amount claimed
RATIONES DECIDENDI
DUTY ON TRIAL COURT TO TAKE ADVANTAGE OF THE OPPORTUNITY OF SEEING THE WITNESS
A trial Judge must take adequate advantage of the opportunity of having the witnesses before him. – Eso J.S.C
CASES CITED
Not Available
STATUTES REFERRED TO
Not Available
