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CaseLaw

Chukwu Const. Co V. Uwechia (2000) CLR 1(e) (CA)

Brief

  • Admissibility
  • Expert evidence
  • Improbable evidence
  • Inferences

Facts

The facts of the Plaintiff/Respondent's case are that in January, 1978, the Defendant/Appellant agreed to sell him a piece and parcel of land opposite Silver Valley along Trans Amadi Industrial Estate Road. The purchase price of N25,000.00 agreed on was made in four installments, the 1st being 23/1/78 and the last on 27/5/78 and all the payments were receipted for. After full payment, he took possession of the land and he erected a warehouse which he leased to May Industries Ltd for bread baking. There was no sale agreement besides the receipts even though it was agreed that a Deed of Conveyance would be made to effectuate proper sale not withstanding a letter from his counsel Nwanodi, Esq. He stated that it was an outright sale and not a lease. The Appellant's case is that the land belongs to him and being rather muddy he used sand to sandfill it. He stated while working on the land, the Respondent approached him for the sale of the land and he offered N5,000.00 which he accepted as a year's lease. He admitted the Plaintiff built a factory on the land and paid him a total of N25,000.00 by installments but that he did not agree to sell the land for N25,000.00 and told the Court that the Plaintiff/Respondent was not entitled to a decree of specific performance he was seeking. The Respondent said the main issue was whether the transaction was a sale or a lease. An important point was whether Appellant signed all the receipts. The 1st witness for the Appellant was a handwriting expert whose expert opinion was considerably evaluated and scrupulously appraised by the Court below. The trial court admitted the evidence of the handwriting expert and awarded judgment in favour of the respondent, where upon the appellant appealed.

Issues

Whether the trial court was right when it relied only on the evidence of...

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