CORAM
IDRIS LEGBO KUTIGI, JSC,JUSTICE, SUPREME COURT
FATAYI-WILLIAMS, JUSTICE SUPREME COURT
PARTIES
1. OSENI OMOMEJI
2. IDOWU ADEBIYI(for himself and on behalf of Gbogi family).
3. AJEKIGBE ELEREBI(for himself and on behalf of Sakaraita family)
4. THE MILITARY GOV. OF ONDO STATE5. THE ONDO STATE COMM. FOR LOCAL GOVT. AND CHIEFTAINCY AFFAIRS6. THE SECRETARY MOBA LOCAL GOVT.
APPELLANTS
JAMES OLAGUNJU KOLAWOLE & ORS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondents challenged the judicial commission of enquiry which recognised only two 3 ruling houses to the chieftaincy stool in dispute on the grounds that it was contrary to the customary law of the people and affects them being entitled to occupy the stool. The trial court granted their claims which were confirmed by the lower court.
HELD
The court held that the lower court rightly confirmed the decision of the trial court and dismissed the appeal
ISSUES
1. Whether or not the lower court properly exercised its jurisdiction in failing and/or refusing to dismiss the decision of the trial court in all the circumstances of this Appeal/case?
2. Whether there was any justifiable reason for the lower court to discountenance admissible evidence while giving cognizance to inadmissible evidence thus depriving the Appellants a well deserved victory?
3. Whether or not the lower Court should not have set aside the decision of the trial court in view of the totality of the evidence on record before it?
RATIONES DECIDENDI
APPELLATE COURTS RARELY INTERFERE WITH ASCRIPTION OF PROBATIVE VALUE TO EVIDENCE BY THE TRIAL COURT
When it comes to evaluation and ascribing of probative value to evidence placed before a trial court, that court has the fundamental duty to do so. Rarely do appeal courts interfere except special circumstances are shown to exist- Muhammad J.S.C.
EFFECT OF WRONGFUL ADMISSION OF EVIDENCE
Wrongful admission of evidence or wrongful exclusion of evidence does not result in the reversal of a decision when it has not affected the decision of the trial court such that it would have been different if the error had not been committed (if at all) – Muhammad J.S.C.
CASES CITED
1. Seimograph Ltd. v. Ogbein (1976) 4 SC 85;2. State v. Aibamgbee (1988) 3 NWLR (Pt 84) 548 at 577; 3. Oniah v. Onyia (1989) 1 NWLR (Pt 99) 514 4. Agbabiaka v. Saibu & Ors (1998) 7 SCNJ, 305;5. Dan Mainagge v. Gwamna (2004) 7 SCNJ, 361, (2004) 9-12 SCM, (Pt. 1) 129;6. Ogunbiyi v. Ishola (1996) 6 NWLR (Pt 452) 12.
STATUTES REFERRED TO
NONE