WEMA BANK LIMITED VS J.O.B. KARUNWI
August 9, 2025NIGERIA PORTS AUTHORITY & ANOR V. CONSTRUZIONI GENERAL FARSURA COGEGAR SPA & ANOR
August 9, 2025Legalpedia Citation: (1974-12) Legalpedia (SC) 72504
In the Supreme Court of Nigeria
Thu Dec 19, 1974
Suit Number: SC. 48/1974
CORAM
ADIO JUSTICE, SUPREME COURT
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
DAN ONWURA IBEKWE, JUSTICE, SUPREME COURT
PARTIES
JAMES NWOSU
PRECILIA ORDOR
PETITIONER(S)
ERIC ORDOR
RESPONDENTS
AREA(S) OF LAW
EVIDENCE- LEASE/PRACTICE AND PROCEDURE/POWER OF THE COUTRT TO CALL A WITNESS
SUMMARY OF FACTS
During the trial of the respondents claim to the title of the lease of the land in dispute , the trial judge with the consent of the parties called the surveyor- General as a witness and set aside the Lease agreement between the appellant and a 3rd party.
HELD
The court held that the trial judge was right to have called the surveyor- General as a witness and that evidence given by the surveyor justifies decision in Favour of the appellant.
ISSUES
1. Has the court the power to call a witness not called by either of the parties in a civil case?
2. Has the court the power to set aside a deed of lease at the instance of a person who is not a party to such deed?
RATIONES DECIDENDI
CALL OR RECALL OF A WITNESS
In exceptional circumstances, and mainly for the purpose of throwing light on the case, the Judge may with the acquiescence of the parties call or recall a witness. Per Ibekwe J.S.C
LIMITATION OF COURT IN A LEASE AGREEMENT
It is not within the competence of the court to set aside a deed of lease at the instance of a claimant who is a stranger to the lease. Per Ibekwe J.S.C
CASES CITED
1. Bell-Gam v. Bell-Gam (1965) 1 All NLR 106
2. Ogbodu v. Odogha & Anor. (1967) 1 All NLR 173
STATUTES REFERRED TO
Not Available
