CORAM

COKER JUSTICE, SUPREME COURT

UDOMA JUSTICE, SUPREME COURT

FATAYI-WILLIAMS JUSTICE, SUPREME COURT

PARTIES

POLYCARP OJOGBUE & ANOR APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The plaintiff brought an action for declaration of title to the land in dispute. Claiming that as original owners of the land, they gave some portion to ancestors of the defendants as well other agents through whom the defendants were left on the land. Judgment was awarded in favour of the plaintiff, though there was nexus between the issues raised by the parties before the court to support the judgment.

HELD

The judgment of the trial court made no clear demonstration or passionate consideration in which it can unequivocally be upheld against the claims of the plaintiff and for this reason it should not be allowed to stand, the appeal succeeds an order of retrial is appropriate in the circumstance.

ISSUES

Whether the judgment of the trial court is against the weight of evidence

RATIONES DECIDENDI

ESSENTIALS OF A GOOD JUDGMENT

A judgment of the court must demonstrate in full a dispassionate consideration of the issues properly raised and heard and must reflect the results of such an exercise. Per Coker JSC

CASES CITED

STATUTES REFERRED TO

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