SEGUN BALOGUN V. ATTORNEY-GENERAL OF OGUN STATE
June 19, 2025ANTHONY ISIBOR VS THE STATE
June 20, 2025Legalpedia Citation: (2002) Legalpedia (SC) 21873
In the Supreme Court of Nigeria
Mon Feb 25, 2002
Suit Number: SC. 70/1997
CORAM
UTHMAN MOHAMMED , USTICE, SUPREME COURT
PARTIES
1. TYOGBIDE AKULAKU2. AGBIHI IGYE3. ATYOM IKYURIOR4. MUDE IKYURIOR5. BELAI SWENDE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
Both parties laid claim to the land in dispute on the basis of traditional evidence at the upper area court which, after a visit to the land, granted title in favour of the plaintiff. The High court reversed the decision on appeal on grounds that the plaintiff gave contradictory evidence of his inheritance of the land.
HELD
The court held that the Area Court properly evaluated evidence led and that there was no contradiction in the evidence of the plaintiff.
ISSUES
Whether the Court below was wrong to have held that there were no contradictions in the evidence led by the Respondent in support of his claim to the landWhether the identity of the disputed land was duly established by the Respondent
RATIONES DECIDENDI
ATTITUDE OF APPELLATE COURT TO CONCURRENT FINDINGS OF FACT BY LOWER COURTS
A Court of Appeal which has not had the same advantage which the trial judge has enjoyed of seeing the witnesses and watching their demeanour would only disturb the findings of fact of such a court where it is satisfied that the trial judge has made no use of such an advantage. If the trial court has unquestionably evaluated the evidence before him it is not for the Court of Appeal to re-evaluate the same evidence and come to its own decision- Ejiwunmi J.S.C.
ATTITUDE OF APPELATE COURT TO PROCEEDINGS OF NATIVE COURTS
Native courts are to do substantial justice in terms of the real issue in controversy as disclosed by the writ and the evidence without being weighed down by the technical rules designed for common law courts- Ejiwunmi J.S.C.
PROPER APPROACH OF THE COURT TO CONFLICTING TRADITIONAL EVIDENCE LED BY PARTIES
Where the parties evidence as to ownership conflict, the court is to test their evidence with acts of ownership – Ejiwunmi J.S.C
CASES CITED
Arabe v. Asanlu (1980) 5-7 S.C. 78; Epi v. Aigbedion (1972) 10 S.C. 53Kojo II v. Bonsie (1957) 1 N.L.R. 1223 at 1226 Alade v. Awo (1975) S.C. 215 at 223 Woluchem & Ors. V. Chief Simon Gudi & Ors. (1981) 5 S.C. 319;Ebba v. Ogbodo (1984) 1 SCNLR 372; Omoregbe v. Edo (1971) 1 ALL N.L.R. 282Iyaji v. Eyigebe (1987) 3 NWLR (pt.61) 523;Efi v. Enyiful (1954) 14 WACA 424; Ekpu v. Utong (1991) 6 NWLR
STATUTES REFERRED TO
None
