Disable Preloader

CaseLaw

Dike-Ogu V. Amadi (2019) CLR 5(f) (SC)

Judgement delivered on May 31st 2019

Brief

  • Fresh evidence on appeal
  • Abuse of court process
  • Preliminary objection
  • Section 1 of the Evidence Act
  • Order 2 Rule 12 (1) of the Supreme Court Rules (as Amended in 1999)

Facts

Learned counsel for the applicants brought an application praying this Court for leave to adduce further evidence which was supported with a 21 paragraph affidavit and a further affidavit and attached to the affidavit the intelligence report contained at pages 147 and 151 on the Obia Clan, lkwerre Tribe, Ahoada Division of the Southern Provinces of the British Colonial Government which he had come across at the National Archives Ibadan.

It is meant to determine which branch in Ebara (Oroazi) group has been producing the head of Rumueme to wit: Is it Nyenweli Nsirim who heads the appellants' Rumueme Council of Chiefs or the 8th respondent (Ohahuru Samuel Akaninwo) who heads the respondents' Rumueme Council of Chiefs, Elders and Owhor holders. He said that the existence of the said document (i.e. the 1928-1931 Intelligence Report on the Obia Vlan lkwerre Tribe, Ahoada Division by the Southern Provinces of British Colonial Government) was not known to the appellants/applicants until 28 July, 2010 and the said document is credible, reliable and capable of being believed.

He contended that the document is applicable under the rule in Kojo v. Bonsie (1957) 1 WLR 1223 to resolve the two conflicting traditional histories put forward by the two sides in this appeal.

Issues

Whether the Appellants/Applicants have met the conditions for the grant of this application...

Read More