CORAM

IRIKEFE, JUSTICE, SUPREME COURT

BABALAKIN,JUSTICE, SUPREME COURT

ALEXANDER JUSTICE, SUPREME COURT

PARTIES

OMOSOHWOFA EBOH SAMUEL OKUMAGBA (For themselves and on behalf of Olodi family of Eduvwum Urohobo Quarters, Okere, Warri APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

Application for leave by some representative defendant for the removal of other representative defendants and the addition of others was refused by the High Court and made diverse orders.

HELD

The appeal was allowed and the orders were set aside.

ISSUES

Whether the High Court judge was right in refusing the application of the defendant appellant and making suo motu orders not sought based on conflicting evidence.

RATIONES DECIDENDI

CONFLICTS IN AFFIDAVIT EVIDENCE :

“Where there are violent conflicts on material facts in affidavits grounding an application – the court of trial is obliged to call for evidence on oath in order to resolve issues of credibility affidavit”

CASES CITED

STATUTES REFERRED TO

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