UMARU GWANDU VS N.A GWANDU
September 4, 2025T.I. AGUNWA VS J.E. ONUKWUE
September 4, 2025Legalpedia Citation: (1962-10) Legalpedia 18344 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Mon Oct 29, 1962
Suit Number: SC 377/1962
CORAM
BAIRAMIAN, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
BRETT, JUSTICE SUPREME COURT
PARTIES
OKON UMOH AND ORS
APPELLANTS
EKPEN-YONG AKPAN UDO OKPO AND ORS
RESPONDENTS
AREA(S) OF LAW
LAW OF EVIDENCE—WEIGHT OF EVIDENCE
SUMMARY OF FACTS
The plaintiffs/respondents had sued the defendants/appellants claiming that they owned the portion shown in Exhibit A bordered pink in disputes in the two matters which were consolidated. To which the defendants/appellants had replied where two portions of land.
HELD
The following order is proposed:-The judgment in Suits No. 51 of 1951 and No. 52 of 1951 of the Calabar Judicial Division, of the High Court of the Eastern Region, given on 16th May, 1960, is set aside and a new trial ordered before another Judge; the costs in the High Court shall be costs in the cause; the defendants/appellants are allowed seventy guineas costs of appeal.
ISSUES
Complains that it was a mistake to enter a non-suit in Suit 51 in regard to Akan and Akpayak when the plaintiffs had not established a cause of action against them, and that the claim should have been dismissed.
The learned trial Judge erred in law in making use of the evidence given in Suit No. 30/27 (Exhibit D) for the purpose of discrediting the evidence of the appellants in the present proceedings.
RATIONES DECIDENDI
EXHIBITS
‘Then again, a party may consider whether an exhibit is worth putting in at all. In the past, parties have been rather lavish with putting in exhibits. There is a grave danger that an exhibit is put in for an illegitimate purpose; or that although put in for a legitimate purpose, it is used for an illegitimate one; and an effort should be made to avoid these risks.’ Per BAIRAMIAN F.J.
CASES CITED
Alade V Aborishade, 5 F.S.C. 167 at 171, (1960) SCNLR 398
Abinabina v. Chief Kojo Enyimadu (on behalf of the Stool of Nkasawura) in the Privy Council, reported in 12 W.A.C.A. 171
STATUTES REFERRED TO
The Federal Supreme Court Rules, 1961,
