REGISTERED TRUSTEES OF THE APOSTOLIC CHURCH, ILESHA VS ATTORNEY-GENERAL OF THE MID-WESTERN STATE OF NIGERIA
August 22, 2025O. OGUNDE VS OSENI OJOMU
August 22, 2025Legalpedia Citation: (1972) Legalpedia (SC) 10323
In the Supreme Court of Nigeria
Fri Apr 21, 1972
Suit Number: SC.73/70
CORAM
LEWIS JUSTICE, SUPREME COURT
MADARIKAN JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
PARTIES
SEISMOGRAPH SERVICE LTD. APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiffs claim against the defendant is for special and general damages for an act of negligence on the part of the defendant.
HELD
The Court held that the appeal therefore succeeds. The judgment of Ekeruche, J., in suit No. S/29/68 given at the Sapele High Court on 29th October, 1969, and the costs awarded are hereby set aside.
ISSUES
Whether the evidence given by plaintiffs “experts” does fall within the provisions of Section 56 of the Evidence Act and therefore becomes relevant facts.
RATIONES DECIDENDI
QUALIFICATIONS OF AN EXPERT WITNESS
“The witness must have made a special study of the subject or acquired a special experience therein.” SOWEMIMO, AG. JSC.
PROCEEDINGS UPON VISIT TO THE LOCUS
“Parties must be given the opportunity of hearing the additional evidence through a witness and where necessary offered the opportunity of cross-examination and for counsel to comment.” SOWEMIMO, AG. JSC.
CASES CITED
1. Goold v. Evans (1951) 2 TLR page 1189
2. Nwizuk v. Eneyok (1953) 14 WACA page 354
3. United States Shipping Board v. The Ship. St. Albans (1901) AC page 632
4. Folkes v. Chadd (1782) 3 Dough 17
5. Reg. v. Silverlook (1894) 2 QB 766, 771
STATUTES REFERRED TO
Evidence Act
