MADAM ONI AMUDIPE V. CHIEF OGUNLEYE ARIJODI
August 2, 2025ALHAJI UBA KANO V. BAUCHI MEAT PRODUCTS COMPANY LIMITED
August 2, 2025Legalpedia Citation: (1978-10) Legalpedia (SC) 67151
In the Supreme Court of Nigeria
Thu Oct 26, 1978
Suit Number: SC. 387/1974
CORAM
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
OLABODE RHODES-VIVOUR
ANDREWS OTUTU OBASEKI, JUSTICE, SUPREME COURT
PARTIES
NDUKWE OKAFOR & PTHERS (For themselves and as representatives of the people of Umuokwe Village in Umuhu Abam)
APPELLANTS
AGWU OBIWO & ANOTHER (For themselves and as representatives of the people of Ukpo in Abriba)
RESPONDENTS
AREA(S) OF LAW
COURT – DAMAGES – EVIDENCE OF PREVIOUS PROCEEDINGS/JUDGMENT
SUMMARY OF FACTS
The trial court relied on an earlier decision in favour of the respondents with respect to the land in dispute to find that the respondents had been in possession of the land in dispute and granted their claim to title. It also awarded special damages in their favour. There was no evidence in support of the special damages. SFSFSFSFSFSF
HELD
The court dismissed the appeal but set aside the award of special damages.
ISSUES
1.Whether the learned trial judge was right in its use of the previous proceedings tendered by the respondents
2. Whether special damages was proved.
RATIONES DECIDENDI
EVIDENCE OF PREVIOUS PROCEEDINGS CAN BE USED TO PROVE POSSESSION
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 – Lewis J.S.C.
SPECIAL DAMAGES MUST BE PROVED
Special damages if alleged and claimed must be strictly proved – Idigbe J.S.C
CASES CITED
Kobina Ababio II (Ohene of Brenu) v. Priest -in-charge Catholic Mission, Ampenyi & Ohene Tekyi Akyin III (1935) 2 WACA 280 at 381
STATUTES REFERRED TO
Not Available
