JOSEPH IBIDAPO VS LUFTHANSA AIRLINES
July 3, 2025ISERU V CATHOLIC BISHOP WARRI DIOCESS
July 3, 2025Legalpedia Citation: (1997) Legalpedia (SC) 19088
In the Supreme Court of Nigeria
Fri Apr 4, 1997
Suit Number: SC. 180/1990
CORAM
A.B. WALl – JUSTICE, SUPREME COURT
I.L. KUTIGI – JUSTICE, SUPREME COURT
M.E. OGUNDARE – JUSTICE, SUPREME COURT
U. MOHAMMED – JUSTICE, SUPREME COURT
OLUKAYODE ARIWOOLA – JUSTICE, SUPREME COURT
A.B. WALI – JUSTICE, SUPREME COURT
PARTIES
MICHAEL OLANREWAJUSAMSON OJUADE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent/plaintiff sued the appellant/defendant for the wrongful destruction and/or wrongful reaping of the plaintiff’s palm trees between February and March, 1983 on a portion of the plaintiff’s farm-land at Iponrin Adegoroye Ogunleye Farmland in Ife. District let to the 1st defendant orally and later witnessed in writing by an Agreement dated the 28th day of December, 1964. Trial Court found in favour of the plaintiff, Appeal Court dismissed the appeal. Being dissatisfied he appeal to this Court.
HELD
In the result this appeal fails and is accordingly dismissed with N 1,000 costs to the respondent.
ISSUES
Whether the lease agreement Exhibit 1 made between the respondent’s father and the 1st appellant is admissible in evidence when the document is unregistered.
RATIONES DECIDENDI
INADMISSIBLE EVIDENCE-HOW TREATED
That it is now settled law that where evidence is under no circumstance admissible, it does not matter whether no objection was taken as to its admissibility or that it was admitted by consent. Such evidence, it is argued, remains inadmissible for all intents and purposes. Per ONU JSC
CASES CITED
Ogbechie v. Onochie No.1 (1986) 2 NWLR (Pt.23) 484Welli v. Okechukwu (1985) 2 NWLR (Pt.5) 63; (1985) 6 S.C. 132.Obijuru v. Ozims (1985) 2 NWLR (Pt.6) 167 at 176Nalsa & Team Associates v. NNPC (1991) 8 NWLR (Pt.212) 652OwoniboysTechnical Service Ltd. v. John Holt (1991) 6 NWLR (Pt. 199) 550In Re: Otuedon (1995) 4 NWLR (Pt.392) 665Cross River State Newspaper Corporation v. Mr. J.I. Oni & 6 ors. (1995) 1 NWLR (Pt.371) 270 at 285.Nwadike v. Ibekwe (1987) 4 NWLR (Pt.67) 718Sylvanus Obi v. Chief Ola Owolabi (1990) 5 NWLR (Pt. 153) 702.Adili v. The State (1989) 2 NWLR (Pt. 103) 305S.U. Ojemen & 3 ors v. His Highness William Momodu (1983) 1 SCNLR 188; (1983) 3 S.C. 173Metal Construction (W.A.) Ltd. v. Migliore (1990) 1 NWLR (Pt.126) 299
STATUTES REFERRED TO
The Constitution of the Federal Republic of Nigeria, 1979
