DANIEL GARAN VS STAFF OLOMU

CORAM

MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE, JUSTICE, SUPREME COURT

NWALI SYLVESTER NGWUTA , JUSTICE, SUPREME COURT

OLUKAYODE ARIWOOLA, JUSTICE, SUPREME COURT

PARTIES

DANIEL GARAN (For himself and on behalf of all the children of late Jacob Garan) APELLANT(S) / CROSS RESPONDENT(S)

RESPONDENTS / CROSS APPELLANTS

AREA(S) OF LAW

SUMMARY OF FACTS

The plaintiff at the trial court, the respondent at the court below and the appellant herein, claimed against the defendant, the appellant at the court below and the respondent/cross appellant in this court damages for the acts of trespass committed by the defendant and perpetual injunction restraining the defendant from acts of trespass.

HELD

Appeal succeeds, cross appeal dismissed.

ISSUES

Whether the learned trial judge was right when he allowed a counsel handling the case to testify as a witness in the same case. Whether the learned trial judge did not misdirect himself when he admitted IdI as Exhibit “D” through pw6. Whether the learned trial judge was right in law when he delivered judgment in favour of the plaintiff who did not claim any specific relief in his further amended statement of claim.

RATIONES DECIDENDI

EVALUATION OF EVIDENCE – CIRCUMSTANCES WHERE THE APPELLATE COURT UNDERTAKES THE RESPONSIBILITY OF EVALUATION OF EVIDENCE

“It must be remembered that the evaluation of evidence and the ascription of probative value to same is primarily the duty of the trial court. The appellate court undertakes that exercise only where the trial court fails to, arrives at a decision by drawing wrong inferences from the evidence led by parties or the exercise does not depend on credibility of witnesses which only the trial court is best placed to determine by observing the demeanour of the witnesses in the course of their testimonies before it.” Per Musa Dattijo Muhammed

PROCESS- WHERE A PROCESS SUPERCEDES ANOTHER

“A process is said to supercede another if it is subsequent to and completely severed from that other. Once there is interconnectivity between the process that was first in time and the subsequent process, the latter cannot be rightly said to have superceded the former. For supercession of an earlier process by a subsequent process to occur there must be a complete disconnect between the two imposed by the fact of the one completely occupying the place or role of the other.” Per Musa Dattijo Muhammed

CASES CITED

Adeye v. Adesanya (2001) 6 NWLR (Pt 708) 1 SC Bunya V. Akingboye (1997) 7NWLR (Pt 609) 31 SC Adekunle V. Adegboye (1992) 2 NWLR (Pt 223) 305 at 32 Bayol v. Ahemba (1999) 7 NWLR (Pt 623) 381

STATUTES REFERRED TO

NONE

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