ONOSIAHERHOVWE EKERI & ANOR V. EDO KIMISEDE & ORS

CORAM

SOWEMIMO, JUSTICE, SUPREME COURT

OKAY ACHIKE JUSTICE, SUPREME COURT

OBASEKI, JUSTICE, SUPREME COURT

PARTIES

ONOSIAHERHOVWE EKERI OMONEMU EJUVWEGUO(For themselves and on behalf of members of Ikrisuovwa family Ovwodokpokpo) APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The parties instituted two different actions over ownership of some parcels of land. The suits were consolidated. However, it took over three years between when the case was opened for trial and when judgment was delivered owing to the assignment of the judge to another division f the court. The court eventually dismissed the case of the plaintiffs

HELD

The court set aside the judgment of the lower court on the ground that the trial court would have lost touch with the prolixity of evidence led by parties considering the period of trial and when the judgment is delivered.

ISSUES

Whether or not owing to the many long intervals of delay in taking the evidence and the long delay before delivering his judgment, the learned trial Judge ought to be regarded as having lost his impression of the case, his impression of the evidence and the advantage of having seen and heard the witnesses

RATIONES DECIDENDI

EFFECT OF LONG INTERVALS IN TAKING EVIDENCE AND BEFORE DELIVERING JUDGEMENT

The decisions on issues of facts primarily rest with the tribunal of trial, this court will intervene and when necessary set aside those findings where for obvious reasons as in that case, the trial court held up judgment for such inordinately long time and thereby deprived itself making use of the opportunities of hearing and seeing the witnesses and also lost its impressions of the trial…. BELLO, JSC