AKANBI ENITAN VS. THE STATE
July 21, 2025ATIPIOKO EKPAN VS. AGUNU UYO
July 21, 2025Legalpedia Citation: (1986) Legalpedia (SC) 61115
In the Supreme Court of Nigeria
Fri May 9, 1986
Suit Number: SC. 226/1984
CORAM
NNAMANI JUSTICE, SUPREME COURT
PARTIES
KASALI A. RAIMI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
In the substantive suit which emanated from the High Court, the Appellant /plaintiff, claimed against the respondent, 2nd defendant, and one other, Moshudi Funso Ogundana, who neither appealed to the Court of Appeal nor the Supreme Court, in these terms: The return of the Plaintiffs Toyota Hiace Bus, and the sum of N10, 000 as special and general damages for wrongful seizure and unlawful detention of the said vehicle by the Defendants. The trial judge gave judgment in favor of the plaintiff/appellant and against both defendants. Only the 2nd defendant /respondent appealed to the Court of Appeal. The court allowed the appeal and set aside the judgment of the High Court. The appellant then appealed to the Supreme Court.
HELD
The appeal was dismissed.
ISSUES
Whether Exhibit F was relevant and admissible.
RATIONES DECIDENDI
DUTY OF COURT TO ADMIT AND ACT ONLY ON EVIDENCE WHICH IS ADMISSIBLE IN LAW
“It must be conceded too that it is settled that a court is expected in all proceedings before it to admit and act only on evidence which is admissible in law. But when inadmissible evidence is p tendered, it is the duty of the opposite party immediately to object although if the party fails to object the court may, in civil cases, and must in criminal cases, reject such evidence. If, however, the party fails to object to the admissibility of a document in the trial court, it is not open to him to raise an objection on that ground in a court of Appeal.” Per NNAMANI, J.S.C.<foo< p=””></foo<>
EVIDENCE ON MATTERS NOT PLEADED
“It is now trite law that evidence on matters not pleaded goes to no issue.” Per NNAMANI, J.S.C.<foo< p=””></foo<>
EVIDENCE ON MATTERS NOT PLEADED
“It is now trite law that evidence on matters not pleaded goes to no issue.” Per NNAMANI, J.S.C.
DUTY OF COURT TO ADMIT AND ACT ONLY ON EVIDENCE WHICH IS ADMISSIBLE IN LAW
“It must be conceded too that it is settled that a court is expected in all proceedings before it to admit and act only on evidence which is admissible in law. But when inadmissible evidence is p tendered, it is the duty of the opposite party immediately to object although if the party fails to object the court may, in civil cases, and must in criminal cases, reject such evidence. If, however, the party fails to object to the admissibility of a document in the trial court, it is not open to him to raise an objection on that ground in a court of Appeal.” Per NNAMANI, J.S.C.
CASES CITED
Alade v. Olukade (1976) 2 S.C. 183,189
STATUTES REFERRED TO
None.
