May 27, 2025
Legalpedia Citation: (2009) Legalpedia (SC) 12430 In the Supreme Court of Nigeria Fri Apr 3, 2009 Suit Number: SC.281/2002 CORAM PIUS OLAYIWOLA ADEREMI, JUSTICE SUPREME COURT PARTIES […]
CORAM
PIUS OLAYIWOLA ADEREMI, JUSTICE SUPREME COURT
PARTIES
EPHRAIM OKOLI DIM APPELLANTS
ISAAC ENEMUO
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondents as plaintiff claimed ownership of property and sought perpetual injunction and damages for trespass against the appellant. The trial court dismissed the suit. On appeal, the plaintiff was granted his relief. The present appeal is against the judgment of the lower court
HELD
Appeal allowed and the judgment of the lower court was set aside
ISSUES
(a) Whether the Court of Appeal was right in reversing the judgment of the learned trial Chief judge in view of the peculiar facts and circumstances of the case?
(b) Whether the Court of Appeal was right in the treatment and conclusion on Exhibit E?
(c) Whether the Court of Appeal was correct in holding that Defendant had the duty to prove that he belonged to Umuike family of Okpu town and that he is the undisputed owner exercising maximum and numerous acts of ownership therein and, that the Defence conceded to the Plaintiff’s ownership of the disputed land?
(d) Whether the Court of Appeal was right in raising some weighty issues suo motu and deciding same without hearing the parties thereon?
(e) Whether the Court of Appeal rightly rejected Exhibit E as constituting estoppel per Rem judicata or even issue estoppel
RATIONES DECIDENDI
AN APPELLATE COURT MUST DEFER TO THE TRIAL COURT ON CREDIBILITY OF WITNESSES
Where the issue before an appellate court turns on the credibility of witnesses, an appellate court which has not seen the witnesses must defer to the opinion of the trial court. Per Onnoghen JSC
CASES CITED
1. Kodilinye v. Odu (1935) 2 WACA 336 at 337,
2. Kofi v. Kofi (1933) 1 WACA 284
3. Okulate v. Awosanya (2000) 1 SC. 1074. Ojo v. Adejobi & Ors (1978) 3 S.C 65
5. Odofin v. Ayoola (1984) II S.C.72
6. Nneji & Ors vs. Chukwu & Ors (1996) 10 NWLR (Pt.478) 265?
STATUTES REFERRED TO
1. Evidence Act