CHIEF A.N. ONYIUKE III V. G. F. OKEKE
August 7, 2025IDI FAGGE V. THE STATE
August 7, 2025Legalpedia Citation: (1976) Legalpedia (SC) 14892
In the Supreme Court of Nigeria
Fri Mar 5, 1976
Suit Number: SC. 39/1974
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
SEISMOGRAPH SERVICE (NIG.) LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent alleged that vibrations caused by the seismic operations of the appellants caused damage to his house making it uninhabitable.
HELD
The court held that the absence of an expert witness and the rejection by the trial judge of the appellants expert witness did not help the respondents case.
ISSUES
Whether a party can get valid judgement where he has failed to make use of an expert witness, the use of such witness being material to prove his case.
RATIONES DECIDENDI
IMPORTANCE OF EXPERT WITNESS
The need for experts or persons specially trained or qualified in the particular discipline to assist the court by testifying on causation arising from certain phenomena studied only by them has been acknowledged by our law in section 56(2) (i) Evidence Act. Valid judgement will only avail a party who has proved the material facts in his case to the satisfaction of the court so where expert evidence is required for such proof it is in the interest of the party alleging to avail himself of one. Presumptions do not arise where direct evidence is available “PER OBASEKI
CONFLICTING EVIDENCE ON DESCRIPTION OF PLACE
“Where there is conflicting evidence on the description of a place in issue, such conflict can only be resolved by judicial inspection – visit to the scene as provided for in the Evidence Act” PER OBASEKI
CASES CITED
SIESMOGRAPH SERVICES LTD V. ONOKPASE (1972) I ALL NLR (PT 1) 343
SIESMOGRAPH SERVICES LTD V. ESISO AKPERUOVO (1974) 6 SC 119
STATUTES REFERRED TO
EVIDENCE ACT
