May 19, 2025
Legalpedia Citation: (2011-06) Legalpedia (SC) 01319 In the Supreme Court of Nigeria Fri Jun 17, 2011 Suit Number: SC. 271/2003 CORAM PARTIES ALHAJI JIMOH AJAGBE APPELLANTS IDOWU RESPONDENTS […]
CORAM
PARTIES
ALHAJI JIMOH AJAGBE APPELLANTS
IDOWU
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent claimed against the appellant inter alia, for the return of a Toyota liteace bus and some monetary claims. The court found for the respondent, an appeal at the appeal court was dismissed, hence this present appeal.
HELD
Allowing the appeal in part
ISSUES
None.
RATIONES DECIDENDI
EVIDENCE
Civil suits are determined on preponderance of evidence and balance of probability. Per A.M Mukhtar JSC
APPEAL
An appellate court will review an award of damages downwards where it finds it excessive or not in accordance with the principle of law. Per A.M Mukhtar JSC
CREDIBILITY OF EVIDENCE
Evidence of a fact that is not in dispute and that is relevant to a matter in controversy is good and credible evidence that can be relied upon for the determination of the issue in controversy. Per A.M Mukhtar JSC
APPEAL
Even though an appellate court will not ordinarily interfere with findings of a lower court, it behoves an appellate court to interfere with the findings where they are not supported by credible evidence, are perverse and may have occasioned miscarriage of justice. Per A.M Mukhtar JSC
CASES CITED
Omoregbe v. Lawani 1980 3 – 4 SC. 108, Okupe v. Ifemembi 1974 3 SC. 97Durosaro v. Ayorinde 2005 8 NWLR part 927 page 407Yakassai v. Incar Motors (Nig.) Ltd 1975 N.S.C.C. 284Kofi v. Mensah 1 W.A.C.A. 76Oshinjirin and ors. v. Alhaii Elias & ors 1970 1 All NLR 153Dumez (Nig) Ltd v. Ogbeli 1972 1 all NLR 241Gonzee (Nig.) Ltd v. NERDC 2005 13 NWLR part 943 page 634. Shittu v. Fashawe 2005 14 NWLR part 946 page 671, Elias v. Omo-Bare 1982 5 SC. 25,Odulaja v. Haddad 1973 11 SC. 357. Stirling Civil Eng. (Nig.) Ltd. v. Yahaya 2005 11 NWLR part 935 page 181Otaru and Sons Ltd. v. Audu Idris 1999 6 NWLR part 606 page 330Jarmakani Transport v. Abeke 1963 1 All N.L.R. 180. Amadi v. Orisakwe 2005 7 NWLR part 924 page 385 Shittu v. Fashawe State v. Ajie 2000 11 NWLR part 678 page 434.?
STATUTES REFERRED TO
None.
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