M. OLA OWODUNNI VS ANTHONY AKINSOLA GEORGE
August 29, 2025AFOLABI VS POLYMERA INDUSTRIES NIG LTD
August 29, 2025Legalpedia Citation: (1967-05) Legalpedia 20671 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Fri May 19, 1967
Suit Number: SC 14/1966
CORAM
BRETT JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
PARTIES
OGBEREJEKO OGBOOU
APPELLANTS
ERIYOTA OOGHA AND ANOTHER
RESPONDENTS
AREA(S) OF LAW
COURT – PRACTICE AND PROCEDURE-RECALL OF A WITNESS BY A JUDGE-LAND LAW
SUMMARY OF FACTS
The trial court recalled the respondent’s surveyor in order to resolve the inconsistency in the plans put in evidence by both parties.
HELD
The court held that the trial court was right to have done so.
ISSUES
Whether the lower court was right to have recalled the respondent’s surveyor in the circumstances of the case.
RATIONES DECIDENDI
JUDGES DISCRETION TO RECALL WITNESS
1. ‘A judge has got a discretion to recall a witness in the interest of justice in order to explain or confirm a point on which evidence has been given but which requires some elucidation.’ Per Coker J.S.C
JUDGES DISCRETION TO RECALL WITNESS
2. ‘The discretion to recall a witness by a judge is one which should be exercised with great care regard being had to the interest of justice and the desirability of remaining an impartial arbiter between the parties.’ Per Coker J.S.C
CASES CITED
Bigsby v. Dickinson (1876) 4 Ch. D 24
STATUTES REFERRED TO
None
