BAKER MARINE NIGERIA LIMITED V. CHEVRON NIGERIA LIMITED
June 5, 2025A.G. ABIA & ORS. V. A.G. FEDERATION & ORS.
June 5, 2025Legalpedia Citation: (2006) Legalpedia (SC) 14211
In the Supreme Court of Nigeria
Fri Jun 9, 2006
Suit Number: SC.261/2001
CORAM
SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT
PARTIES
1. MR. MOSES2. MR. THOMPSON BUNGE(For themselves and on behalf of Otari Village Community of Abua in Abua Odua Local Govt. Area of Rivers State) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant sued in the trial court for a declaration that the chieftaincy title was hereditary and they were the only ones entitled to same. The appellant’s case was dismissed by the trial court and affirmed by the court of appeal. The appellant has further appealed to the Supreme Court
HELD
Appeal allowed.
ISSUES
1. Having agreed to the crucial issue of fact that Obunge or Obunga of appellant was at a time the king or Head Chief of Abua contrary to the finding of the trial judge, coupled with the admission of the original 3rd respondent that he is a priest together with the content of exhibit ‘E’, was the Court of Appeal right to have dismissed appellants’ appeal?2. Did the lower court consider all the issues raised in the appeal to the court?3. How relevant were the contradictions of PW1 and PW2 to the central issues for determination having regard to the finding of the lower court as well as the admissions made by the respondents during the trial?4. Was there any basis to compare the case put forward by appellants as ‘its like a tale told by an idiot full of sound and fury but signifying nothing’ when from the finding that Obunge of appellants was at a time King of Abua, appellants made a good case?
RATIONES DECIDENDI
WHEN PARTIES AGREE ON SOME FACTS
“It is of cardinal importance in civil litigations to bear in mind that when parties have in their pleadings agreed on some facts, there is no issue in dispute between them on such agreed matters”. (Per Oguntade JSC)
WHEN APPELLATE COURT WILL INTERVENE IN EVALUATION OF EVIDENCE
“..it is settled firstly, that if a trial court fails to properly evaluate the evidence before it (as has happened in this case), an Appeal Court, will intervene in order to save the situation”. (Per I.F. Ogbuagu JSC)
INTERPRETATION OF A DOCUMENT
“The law is settled as a rule of law that in the interpretation of a document, oral or parol evidence will not be admissible among other things, to contradict or alter it where the document is clear and unambiguous”. (Per I.F. Ogbuagu JSC).
CASES CITED
1. Aniemeka Emegokwu V. James Okadegbo [1973] 4 SC 113.2. Chief Okparaeke & Ors. V. Obidike Egbuonu & Ors. [1941] 7 WACA 533. George & Ors. V. Dominion Flour Mills Ltd. [1965] 1 All NLR 714. Pioneer Plastic Containers Ltd. V. Commissioner of Customs and Excise [1967] 1 Ch. 5975. Olufosoye & Ors. V. Olorunfemi [1989] 1 NWLR (Pt. 95) 266. Ehimare V. Emhonyon [1985] 1 NWLR (Pt.2) 1777. George Onobruchere & Anor. V. Ivwromoebo Esegine & Anor. [1986] 2 S.C. 3858. Ikeanyi V. Adighogu (1957) 2 E.N.L.R. 389. Leragun V. Funlayo (1955-56) W.R.N.L.R. 167.10. Ago Kofi V. Addo Kofi (1933) 1 W.A.C.A. 284.11. Orisharinu V. Mefue (1937) 13 N.L.R. 181.12. Ikeanyi V. Adighogu (1957) 2 E.N.L.R. 38 at P.3913. Leragun V. Funlayo (1955-56) W.R.N.L.R. 167.14. Ago Kofi V. Addo Kofi (1933) 1 W.A.C.A. 284.15. Orisharinu V. Mefue (1937) 13 N.L.R. 181.16. Royal Exchange Assurance Nig. Ltd. & 4 Ors. V. Aswani Textiles Industries Ltd. (1991) 2 NWLR (Pt. 176) 639 C.A.17. Olanlege V. Afro Continental Nigeria Ltd. (1996) 7 SCNJ. 14518. Salako V. Dosunmu (1997) 7 SCNJ. 12419. U.D.C. Ltd. V. P.A. Hammond (Nig.) Ltd. (1998) 9 NWLR (Pt. 565)340.20. Oneh V. Obi (1999) 7 NWLR (Pt. 611) 48721. Kwajaffa V. B.O.N. Ltd. (1999) 1 NWLR (Pt. 587) 42322. Ademolafu V. Adani Pekun (1999) 1 NWLR (Pt. 587) 44023. FSB International Bank V. Imano (Nig.) Ltd. (2000) 11 NWLR (Pt. 679) 620 at 637; (2000) 7 SCNJ. 6524. Fashanu V. Adekoya (1974) 1 ANLR (Pt 1) 35; (1974) 6 S.C. 8325. Owode V. Owodunni (No.2) (1987) 2 NWLR 36726. Armels Transport Ltd. V. Martins (1970) 1 ANLR 27 at 32.27. Alhaji Ibrahim V. Galadima S. Barde & 9 Ors. (1996) 12 SCNJ. 128. Adeseye V. Taiwo (1956) 1 FSC 8429. Kindey & 11 Ors. V. The Military Governor of Gongola State & Ors. (1988) 1 NSCC 827
STATUTES REFERRED TO
None.
