Compulaw - 1st Indigenous Digital Law Library

Brief

Ground of appeal
Leave of court
Right of appeal
Evaluation of evidence
Joinder of parties
Retrial

Facts

This is a land matter. The Appellants as Plaintiffs in suit No.UHC/12/75 brought this action for themselves and on behalf of Uruthe Quarters Enwhe Town, for declaration of title to Eto Land, N600.00 damages for trespass and an order of perpetual injunction.

The Respondents herein filed a cross action as Plaintiffs against the Appellants in suit No. UHC/19/75 for declaration of title to Uri land of Uluthe Quarters of Enwe, N1,200.00 damages for trespass and perpetual injunction.

Two suits were consolidated by an order of the trial Court made on 12 November 1976. By the said order of consolidation, the Appellants became the Plaintiffs while the Respondents became Defendants.

At the hearing, the Appellants called five witnesses while the Respondents also called five witnesses in support of their respective claims. At the close of hearing, the learned trial Judge found for the Appellants. The Respondents appealed to the Court of Appeal upon the following two issues:

a Whether the decision of the trial Court can be supported in the face of the unresolved conflicts between the findings and the final decision of the Court?

b Whether the absence of the testimonies of defence witnesses 1, 2, 3 and 4 following the reported loss of Court Record book in which they were recorder will not deprive the Court of Appeal the privilege and or opportunity of viewing the entire proceedings of the trial Court as to be in a position to agree and or disagree with the findings and or subsequent decision of the trial Court."

The Court of Appeal upheld the appeal of the Respondents and ordered a re-trial of the suit. This appeal is from the decision of the Court of Appeal.

Edjekpo V. Osia (2007) CLR 3© (SC)

Judgement delivered on March 2nd 2007

Brief

Facts

Issues