NATIONAL INVESTMENT & PROPERTIES COMPANY LIMITED & ANOR Vs BANK OF WEST AFRICA LTD
September 4, 2025WURAOLA KUKU VS FATUMO OLUSHOGA
September 4, 2025Legalpedia Citation: (1962-11) Legalpedia 36748 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Thu Nov 15, 1962
Suit Number: SC 336/1961
CORAM
ADEMOLA, JUSTICE SUPREME COURT
ONYEAMA, JUSTICE SUPREME COURT
BRETT, JUSTICE SUPREME COURT
PARTIES
SABOTU ARIKU AND ORS
APPELLANTS
YESUFU BALE AJIWOGBO
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff sued the defendant for a declaration of title and an injunction over the land in dispute in the Native Court (Lands Court), judgment was found in his favour. The defendant appealed to Native Court of Appeal and the High Court of the Western Region which found in favour of the plaintiff. He has further appealed still being dissatisfied.
HELD
In the circumstances, it was decided that the justice of the matter will best be met by a retrial.
ISSUES
Not Available
RATIONES DECIDENDI
USE OF EVIDENCE GIVIEN IN PREVIOUS PROCEEDINGS
‘Where a witness in a former case is giving evidence in a case in hand his former evidence may be brought up in cross-examination to discredit him if he was lying, but evidence used for this purpose does not become evidence in the case in hand for any other purpose. Per ADEMOLA, C.J.F
There are also prerequisites to the making use of the former testimony of a witness; for example, his attention must be called to the former case where such evidence was given and he should be reminded of what he had said on that occasion.’ Per ADEMOLA, C.J.F
CASES CITED
Alade v. Aborishade 5 F.S.C. 167 at p.171
Asuquo Udo Enang AND ano. v. Edem Udo Ekanem AND others (1962) 1 All N.L.R. 530
STATUTES REFERRED TO
The Evidence Act
