May 26, 2025
Legalpedia Citation: (2009) Legalpedia (SC) 71637 In the Supreme Court of Nigeria Fri Jul 10, 2009 Suit Number: SC. 365/2001 CORAM JOHN AFOLABI FABIYI, JUSTICE SUPREME COURT […]
CORAM
JOHN AFOLABI FABIYI, JUSTICE SUPREME COURT
JAMES OGENYI OGEBE , JUSTICE SUPREME COURT
JAMES OGENYI OGEBE , JUSTICE SUPREME COURT
JAMES OGENYI OGEBE , JUSTICE SUPREME COURT
JAMES OGENYI OGEBE , JUSTICE SUPREME COURT
IDEGBE JUSTICE, SUPREME COURT
JOHN AFOLABI FABIYI, JUSTICE SUPREME COURT
JAMES OGENYI OGEBE , JUSTICE SUPREME COURT
PARTIES
OTUNBA ADESESAN OGUNTAYO(ORADEREMO OF IJEBU IFE) APPELLANTS
PRINCE FATAL ADELAJA
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The 1st respondent as plaintiff sued the appellant for declaration that the 1st defendant was not eligible to be nominated as Ajalorun of Ijebu-Ife. The trial court dismissed the 1st respondent’s claim. His appeal to the Court of Appeal was upheld and a retrial ordered. Dissatisfied, the appellant has appealed and the 1st respondent cross-appealed.
HELD
Appeal allowed and judgment of the Court of Appeal set aside
ISSUES
(a) Whether in the face of the provisions of Section 34 of the Evidence Act and the evidence before the trial Court, the Court of Appeal was right in holding that the learned trial Judge breached the rule of natural justice and was wrong in law in rejecting the proceedings in Suit No. HCJ/6/85 in evidence.? This issue is distilled from Grounds 2, 3 and 4 of the grounds of appeal.
(b) Whether in all the circumstances of the case, the Court of Appeal was right in ordering a re-trial of the case? This issue is distilled from ground 5 of the grounds of appeal.?
RATIONES DECIDENDI
WHEN MISCARRIAGE OF JUSTICE WILL OCCUR
Miscarriage of justice occurs when the court fails or refuses to follow its rules and arrives at a decision which is prejudicial or inconsistent with the legal rights of a party. Per Tobi, JSC
WHEN EVIDENCE TAKEN IN EARLIER TRIALS WILL BE RELEVANT
Evidence of a witness taken in an earlier proceedings is not relevant in a later trial except for the purpose of discrediting such a witness in cross-examination and for that purpose only. Per OGEBE JSC
CUSTOMARY LAW IS A QUESTION OF FACT THAT MUST BE PROVED
Customary law is a question of fact to be proved by evidence. Hence a person who alleged the existence of a particular custom must adduce sufficient evidence in support and establish its existence to the satisfaction of the court. Per Tobi, JSC
CASES CITED
1. L.S.D.P V. Adold/stamm Int. Ltd. 1994 7 NWLR(Pt. 357)545
2. MOJEKWU V. IWUCHUKWU (2004) 11 N.W.L.R. (Pt. 883) 1963. Agbai & ors. v Okogbue(1991) 3 NWLR (Pt.204) 3914. Onagoruwa v The State (1993) 7 NWLR (Pt. 303) 49
STATUTES REFERRED TO
NONE