DIRECTOR OF PUBLIC PROSECUTIONS Vs MICHAEL AKOZOR
September 5, 2025ADAMO GBOLADE ADEKO VS IJEBU ODE DISTRICT COUNCIL
September 5, 2025Legalpedia Citation: (1962-04) Legalpedia 56949 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Fri Apr 27, 1962
Suit Number: SC 231/1961
CORAM
BRETT, JUSTICE SUPREME COURT
UNSWORTH, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
PARTIES
JOSIAH AKINOLA
APPELLANTS
EZEKIEL A. AKINTOYE AND ORS
RESPONDENTS
AREA(S) OF LAW
LAND LAW—-PROOF OF TITLE—EVALUATION OF EVIDENCE—–APPEAL
SUMMARY OF FACTS
The Plaintiffs in the Native Court claimed that their late father was the owner of a particular land, and in their Statement of Claim in the High Court said that they were suing as representatives of the Akinola Abore family of Isaga, Ibara, Abeokuta. The plaintiff claimed that the area in dispute is part of the Isaga portion of the land which was settled upon by his family. The issue in this case is whether this land is part of the land allocated to the Egbados, and in particular the Isagas, or whether it is outside that land. The plaintiff alleged that it is part of the land. The defendants put the plaintiff to the proof of this and made positive averment that it formed part of an area which was retained for the worship of the Oro cult. The trial Judge held that the plaintiff had failed to establish his case, and said that the plaintiff must succeed on the strength of his own case and not on the weakness of the defendants’ case. The plaintiff not satisfied with this decision, appealed to the court of appeal. The case was dismissed by the court of appeal for lack of merit. The plaintiff further appealed to the Supreme Court.
HELD
The appeal was allowed, and the judgment and order as to costs in the Court below the appeal set aside
ISSUES
Whether the verdict was against the weight of evidence?
Whether this land is part of the land allocated to the Egbados, and in particular the Isagas, or whether it is outside that land
RATIONES DECIDENDI
DISTINCTION BETWEEN FINDING OF FACT BASED ON THE CREDIBILITY OF WITNESSES AND FINDINGS BASED ON EVALUATION OF EVIDENCE
‘I am always reluctant to differ from a trial Judge on a finding of fact but a distinction must be drawn between findings of fact based on the credibility of witnesses and findings based on an evaluation of evidence which has been accepted.’ Per UNSWORTH, F.J.
CASES CITED
Benmax v. Austin Motor Co. Ltd., (1955) 1 All E.R. 326).
STATUTES REFERRED TO
None.
