GENERAL MUHAMMADU BUHARI V ALHAJI MOHAMMED DIKKO YUSUF
June 13, 2025AYMAN ENTERPRISES LIMITED VS AKUMA INDUSTRIES LIMITED & ORS
June 16, 2025Legalpedia Citation: (2003) Legalpedia (SC) 15197
In the Supreme Court of Nigeria
Fri Jun 27, 2003
Suit Number: SC. 123/1999
CORAM
SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT
WALTER SAMMUEL NKANU ONNOGHEN, JUSTICE, SUPREME COURT
PARTIES
1. MAJOR I. Z. UMORU (RTD)2. USMAN MOHAMMED (FOR THEMSELVES AND ON BEHALF OF IVBIOKHULATOR RULING HOUSE IVBIORA) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The dispute in this case concerned the village headship of Ivbiaro village in Owan Local Government Area of Bendel State. The Ivbiaro village consists of four quarters namely-Ivbiokhulotor, Usun, Ivbioshogun and Ebese quarters. Each of the four quarters is subdivided into four kindreds.
HELD
The court dismissed the appeal and upheld the decisions of the courts below.
ISSUES
1. Whether the Court of Appeal was right in holding that, the learned trial judge was right in rejecting the evidence led by the appellants that Okhulotor was the eldest son of Aro… That there was an agreement among the Quarters that the village Head of Ivbiaro should always be selected from the descendants of Okhulotor.
2. Whether the Court of Appeal was right to have held that it was not necessary to institute a public inquiry into the Headship of Ivbiaro Headship before 1st Respondent was appointed.
RATIONES DECIDENDI
PROPER EVALUATION OF EVIDENCE
“It is well settled that a trial judge who sees and hears the witnesses giving evidence before him, has the exclusive right to assess their demeanour so as to determine whether they are telling the truth or not. He can, in this way, determine the credibility or otherwise of the testimony of every witness who testifies before him. If this is done properly, it is not for the appeal court to interfere in any way possible.” Kalgo JSC
MEANING OF MISDIRECTION
“A misdirection is itself an error as it entails following a “wrong direction.” It can also be of law or fact. It is also common ground that you almost always apply the law to a certain sets of facts.” Kalgo JSC
CASES CITED
1. Metal Construction (W. A.) Ltd V. Migliore & Ors (1990) 1 NWLR (pt. 126) 299
2. Nwadike V. Ibekwe (1987) 4 NWLR (part. 67) 718
3. Ogbechie V. Onochie (1986) 2 BWLR (part. 23) 484
STATUTES REFERRED TO
NONE
