G.N. ELEMOH & ANOR VS BARCLAYS BANK D.C.O
August 15, 2025DANA SHUWA VS THE STATE
August 15, 2025Legalpedia Citation: (1973) Legalpedia (SC) 11136
In the Supreme Court of Nigeria
Tue May 15, 1973
Suit Number: SC. 99/1973
CORAM
COKER, JUSTICE, SUPREME COURT
BELLO, JUSTICE, SUPREME COURT
IRIKEFE, JUSTICE, SUPREME COURT
PARTIES
SIDIKU KASADUKU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants witnesses gave contradictory evidence on his root of title. The trial court, without properly evaluating evidence, gave judgment in his favour which was upturned on appeal to the High court
HELD
The court dismissed the appeal
ISSUES
Whether the lower court was right in interfering with the findings of fact of the trial court
RATIONES DECIDENDI
WHEN AN APPELLATE COURT CAN INTERFERE WITH THE FINDINGS OF FACT OF THE TRIAL COURT.
When the trial court failed to take advantage of the opportunity it had of seeing and hearing the witnesses and of ascribing probative value to the evidence they gave, an appellate court will interfere with it findings on fact. – Coker J.S.C
CASES CITED
STATUTES REFERRED TO
