Legalpedia Citation: (2009-12) Legalpedia 33203 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Fri Dec 11, 2009
Suit Number: SC 321/2006
CORAM
D MUSDAPHER, JUSTICE SUPREME COURT
G A OGUNTADE, JUSTICE SUPREME COURT
F F TABAI, JUSTICE SUPREME COURT
I T MUHAMMAD, JUSTICE SUPREME COURT
O ADEKEYE, JUSTICE SUPREME COURT
PARTIES
1. MINI LODGE LIMITED
2. PRINCE BENJAMIN MABADEJE
APPELLANTS
1. CHIEF OLUKA OLAKA NGEI
2. CHIEF DONALD DIBOYE-SUKU
RESPONDENTS
AREA(S) OF LAW
EVIDENCE – FINDINGS OF FACT – PRACTICE AND PROCEDURE
SUMMARY OF FACTS
The appellant/plaintiff claimed against the respondents jointly and severally declaration to land and an order of specific performance to perfect the title of the plaintiff. The respondent counter-claimed for vacant possession of the property in dispute on the ground that the appellants were bad tenants. The trial court dismissed the appellant’s claim in its entirety and held that they had no interest in the property. The appellant’s appeal to the Court of Appeal was dismissed. They have further appealed.
HELD
Appeal dismissed
ISSUES
1. Whether the Court of Appeal was wrong in affirming the trial Court’s verdict that the Appellants did not have a valid interest in the property vis-à-vis the assignment by the 1st Respondent to the 2nd Respondent.
2. Whether the refusal by the Court of Appeal to entertain the Appellants’ motion for extension of time to file the Appellants’ Reply brief is a denial of fair hearing.
RATIONES DECIDENDI
WHERE A TRIAL COURT MAKES FINDING AS TO A WITNESS’ CREDIBILITY
Where therefore a trial court makes a finding as to the credibility of a witness an appellate court would not ordinarily interfere. Per TABAI, JSC
WHAT EVALUATION OF EVIDENCE IS
Summary of the evidence led by the parties or re-statement of the evidence does not constitute evaluation.
CASES CITED
1. WOLUCHEM v GUDI (1981) 5 SC 291
2. AKINTOLA v BALOGUN (2000) 1 NWLR (Part 642) 532 at 546.
3. UWEGBA v A-G BENDEL STATE (1986) 1 NWLR(Part 16) 303
STATUTES REFERRED TO
NONE