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CaseLaw

Eghobamien V. FMBN (2002) CLR 7(N) (SC)

Judgement delivered on July 12th 2002

Brief

  • Admissibility of evidence
  • Parties consenting to admission of inadmissible evidence
  • Mistrial

Facts

This is an appeal from the decision of the Court of Appeal, Benin Division. In a unanimous decision the Court of Appeal set aside the judgment of Edokpayi J. of Edo High Court which was delivered in favour of the Plaintiff, Mr. A. O. Eghobamien, against the Federal Mortgage Bank of Nigeria. The suit was originally filed before Obi J. who was then a Judge of the High Court of Bendel State. The claim filed by the Plaintiff is as follows:

  • "a
    A declaration that the Plaintiff is the owner and entitled to the original document of all that property registered as No. 3 at page 3 in volume 623 at the office at Benin which has been in possession of the Defendant.
  • b
    An order for the Defendant to surrender to the Plaintiff forthwith the original document of title registered as No.3 at page 3 in Volume 623 at Benin City.
  • c
    The sum of N500, 000-00 as general damages suffered by the Plaintiff as the result of the failure and or refusal of the Defendant to return the said document of title to the Plaintiff despite of repeated demands.
  • d
    And order for Defendant to execute a deed of release in the Lands Registry, Benin City in favour of the Plaintiff."

Learned Justice Obi ordered for pleadings and they were filed and exchanged. Hearing was commenced before Obi J. on 23rd July 1990. The Plaintiff called two witnesses and closed his case. The two witnesses were Mr. Joseph Aku Akinniraye, an official of Cooperative Bank, and the Plaintiff who is the Appellant, in this appeal, The Defendant called one witness, one Mrs. Adefunke Omowunu Abiodun and closed its case. Counsel for the parties addressed the Court and the learned trial Judge adjourned the case to 25th September 1991 for the delivery of the judgment. Before the adjourned date, Delta State was created and Obi J. was transferred to the newly created State.

The learned Judge left for the Delta State before he could deliver the judgment. The trial was therefore abandoned by Obi J. On 21st October 1991 the case was mentioned before Edokpayi J. subsequently several adjournments were made until on the 21" April, 1994 when the following proceedings were recorded;

In the certificate the defendant/respondent was described as sole trustee, spiritual head and life chairman having been so duly elected by the church. The defendant/respondent was then married to only one wife under Customary Law.

  • "A.O. Eghobamien, Esq. (G.A. Ezoino, Esq. With him) appears for the Plaintiff. Chief H.O. Ogbodu, Esq. Appears for the Defendant. B/515/89 in evidence by consent and the certified record of proceedings is admitted in evidence by consent of Counsels and marked as Exhibit 9."

    • On the same day learned Counsels for the respective parties addressed the Court. Edokpayi J. reserved the judgment to 20"' May, 1994. After delivering the judgment the Defendant, Federal Mortgage Bank of Nigeria, filed an appeal challenging the decision of Edokpayi J. Mr. A.O. Eghobamien also filed a cross-appeal. The Court of Appeal, (Coram Akpabio, Akintan and Nsofor JJCA) allowed the appeal filed by the Federal Mortgage Bank and dismissed the cross-appeal filed by Mr. A.O. Eghobamien. It is against that decision that the Appellants has come before the Supreme Court.

    Issues

    • 1
      Whether the Court of Appeal was right in pronouncing on the issues not...
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