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CaseLaw

Eze V. Ene (2017) CLR 3(h) (SC)

Judgement delivered on March 10th 2017

Brief

  • Pleadings – Evidence at variance with
  • Amendment of pleadings/Court processes - Principles governing
  • Evidence in previous proceedings – Admissibility of and conditions for
  • Concurrent finding of fact – When appellate court will interfere
  • Section 34(1) of the Evidence Act, now Section 46(1) of the Evidence Act 2011
  • Section 46 (1) of the Evidence Act 2011

Facts

The appellant as plaintiff sued the respondents as defendants on a writ of summons accompanied by statement of claim.

Paragraph 13 of the Statement of Claim states the plaintiff's claim. It reads:

  • 13.
    WHEREOF the plaintiff claims against the defendants jointly and severally as follows:-
  • a.
    Declaration that the plaintiff is entitled to the Customary Right of Occupancy to the land in Dispute.
  • b.
    N1,000.00 (One thousand naira) damages for trespass.
  • c.
    Perpetual injunction restraining the defendants, their servants, agents and privies from further entering the land without the consent of the plaintiff.

The plaintiff relied on their statement of claim filed on 30th May, 1983.

Trial commenced at one time or the other before the judges who were unable to hear the case to the end. Finally trial commenced on 4th February, 1991 before the Hon. Justice P.K. Nwokedi (CJ Anambra State as he then was). Three witnesses were called by the plaintiff in proof of their case.

On 15th February 1991, the defendants opened their defence, relying on their statement of defence, filed on 9th September 1983. The defendants called four witnesses and on 18th February 1991 after DW4 concluded his evidence, filed an application to amend their statement of defence. This application was opposed by the plaintiff.

The learned Chief Judge heard argument and ruled as follows:

"Court: Objection is overruled. I shall give reasons in my judgment. Amendments are hereby granted as prayed."

Four documents were admitted in evidence as exhibits. They are:

  • 1.
    Exhibit 1- Certified copy of records of proceedings in suit No. E/113/77.
  • 2.
    Exhibit 2- Plan No. MEC/12/18/78.
  • 3.
    Exhibit 3- Judgment in Criminal case.
  • 4.
    Exhibit 4- Plan No. MLS/2311/83.

    • The learned Chief Judge delivered judgment on 21st March 1991 dismissing the plaintiff's claims. The plaintiff filed an appeal. It was heard by the Enugu Division of the Court of Appeal. That Court dismissed the appeal.

    A further appeal to the Supreme court was launched.

Issues

  • `
    Whether the learned Justices of the Court of Appeal were right in law in...
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