GODDY UMEOBI V. CHIEF A.E. OTUKOYA
August 4, 2025TRENCO (NIGERIA) LTD V. AFRICAN REAL ESTATE AND INVESTMENT CO. LTD & ANOR
August 4, 2025Legalpedia Citation: (1978-04) Legalpedia (SC) 81961
In the Supreme Court of Nigeria
Fri Apr 14, 1978
Suit Number: SC. 307/1975
CORAM
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
OLABODE RHODES-VIVOUR
KAYODE ESO, JUSTICE, SUPREME COURT
PARTIES
1. MUO OKAFOR
2. ALFRED NWANKWO
3. EMMANUEL C. EGWUONWU MADU (for themselves and on behalf of Agunwaja Umunebo Ufuma)
APPELLANTS
1. SYLVANUS IFIONU
2. THOMAS IFIONU
3. CHIEF GEOFFREY AGODI NWANKWO OJI
4. MAZI EDMUND OTT
RESPONDENTS
AREA(S) OF LAW
PROPERTY LAW- EVIDENCE
SUMMARY OF FACTS
The plaintiffs claimed against the defendants for a declaration of title the property in dispute, £300 (N600) damages for trespass and an injunction to restrain the defendants their servants and agents from trespassing on the said land.
HELD
The Supreme Court held that it is well known that the Law of Evidence allows trial courts, generally, to substitute the eye for the ear in the reception of evidence when and as the need arises; and by this procedure valuable inferences can be, and are quite often, drawn from inspection and comparison of plans proffered in evidence by, and received from parties in civil proceedings.
ISSUES
Whether the trial judge erred in law in the use which he made of the Evidence
The issue of plaintiffs capacity to sue
RATIONES DECIDENDI
RELIANCE ON PREVIOUS JUDGEMENT AS EVIDENCE
“It is settled law that although a particular court proceeding and judgment thereon may be inadmissible in the course of trial of an action on the ground that, as between the parties to the action in which it is proffered in evidence, it ought to be excluded on the well-known maxim (of the law of Evidence) res inter alios acta alteri nocere no debet the same (i.e. the proceedings and judgment thereon) may be, and quite often is, admissible in evidence if it tends to support the assertion or claim of the party who seeks to put it in evidence that he and/or his ancestors before him have exercised rights of possession in respect of a particular parcel of land in dispute.” Per SOWEMIMO, JSC
CASES CITED
Hennessey v. Keating (1908) 42 1 LTR 169
STATUTES REFERRED TO
Not Available
