NEEYODE PEBA V THE STATE
July 31, 2025YAKUBU MOHAMMED & ANOR VS THE STATE
July 31, 2025Legalpedia Citation: (1980) Legalpedia (SC) 47119
In the Supreme Court of Nigeria
Fri Apr 25, 1980
Suit Number: SC. 89/1979
CORAM
BELLO, JUSTICE, SUPREME COURT
OLABODE RHODES-VIVOUR
ANIAGOLU JUSTICE, SUPREME COURT
KAYODE ESO, JUSTICE, SUPREME COURT
MOHAMMED BELLO, CHIEF JUSTICE OF NIGERIA
PARTIES
ISAAC OMOREGBE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent claimed title to the land in dispute and gave evidence in support. The appellant neither filed pleadings nor gave evidence. The trial judge non- suited the respondent on the ground the respondent was recalled as a witness after he was cross- examined. The decision was set aside on appeal in favour of the respondent.
HELD
The court dismissed the appeal.
ISSUES
Whether the court of appeal was right in setting aside the decision of the trial court and giving judgment in favour of the respondent.
RATIONES DECIDENDI
POWER TO RECALL A WITNESS, WHETHER LIMITED TO CLEARING AMBIGUITIES
The power of recalling a witness is not limited to the purpose of “clearing up ambiguities in the evidence he had already given” but that the party recalling him might put to the witness any completely new point which had inadvertently been omitted in his original evidence – Idigbe J.S.C
DUTY ON TRIAL COURT TO REFRAIN FROM MAKING AN ORDER OF NON- SUIT WITHOUT HEARING FROM THE PARTIES
It is undesirable that trial courts should make orders of non-suit in respect of claims before them without first inviting and entertaining argument and submissions on the issue on behalf of parties to the proceedings – Idigbe J.S.C
DUTY ON COURT TO ACT ON UNCHALLENGED EVIDENCE
Where evidence given by a party to any proceedings was not challenged by the opposite party who had the opportunity to do so, it is always open to the court seised of the proceedings to act on the unchallenged evidence before it – Idigbe J.S.C
CASES CITED
Nigerian Maritime Services Ltd. v. Alhaji Bello Afolabi (1978) 2 S.C. 79 at 81-82;
Adel Boshali v. Allied Commercial Exporters Ltd. (1961) All NLR 917 .
Clack v. Arthur Engineering Ltd. (1959) 2 QB 211 at 224
Todds v. Macdonald (1960) S.C. (J) 93
STATUTES REFERRED TO
