Compulaw - 1st Indigenous Digital Law Library

Brief

Brief writing
Ground of appeal
Record of appeal
Admissibility

Facts

This appeal is from the decision of the Court of Appeal Benin Division dated 21st May, 1986 which confirmed the decision of the High Court of Bendel State, Asaba Judicial Division delivered on 30th day of March 1981 by Akhigbe J.

The Appellants were the defendants in the case No. A/10/73 instituted by the present respondents. Shortly after the action was filed, the Appellants filed a cross action in case No. A/16/73. The two actions are in respect of the same piece of land. The two cases were consolidated. The plaintiffs’ claims against the defendants read as follows:

1
A DECLARATION OF TITLE to ownership and possession to all that piece and parcel of land known as and called AKWUOSE land situate at Asaba and more particularly delineated and verged purple in Survey Plan No. EC/MW3/73:
2
N400.00 general damages for trespass to the said land.
3
A perpetual injunction restraining the defendants their servants, agents and privies from entering and farming the said land or in any other way interfering with the plaintiffs’ (sic) ownership and possession thereof.

AIn view of the issues raised in the appeal, 1 do not consider it necessary to go into great details concerning the evidence led in the court of trial. Suffice it to say that judgment was entered in favour of the plaintiff in these terms:

1
That the plaintiffs are entitled to a right of Certificate of Occupancy to all that parcel of land known and called AKWUOSE land as properly described in Survey Plan - Exhibit A
2
N400.00 being damages for trespass on the said AKWUOSE land.
3
A perpetual injunction restraining the defendants, their servants, agents and privies from further trespassing on the said land or in any other way interfering with the plaintiffs' possession or enjoy¬ment thereof.
4
Defendants action is hereby dismissed".

Consequently, the Defendants appealed to the Court of Appeal Benin. The appeal was dismissed on 21st May, 1986. Since one ground of appeal i.e. the additional ground of appeal numbered 5(a) was one of the issues raised and the main issue in this appeal, I will only set out this additional ground numbered 5(a) and the issues for determination.

This additional ground reads thus:

5
(a) The learned trial Judge erred in law in admitting the evidence of D.W.6 - OBI OJIMA ILOBA in suit No. A/31/72 as Exhibit D when the conditions envisaged in section 198 of the Evidence Act had not arisen at all.

PARTICULARS OF ERROR:

i
The witness did not deny that Odanta is in Umuodafe
ii
The witness did not deny that he gave evidence in A/31/72.
iii
Section 198 of the Evidence Act is intended to contradict a witness who denies making a statement in earlier proceedings.

The record of appeal sent to this court was incomplete. Notices were then sent to the counsel to address us on two points:

1
What are the details of the reserved ruling of the Court of Appeal in respect of the application on pages 245 and 360 of the record of appeal?
2
Notwithstanding the drawn up order on page 251 of the record of appeal, is the record complete vis-a-vis the said application?

Issues

Is the judgment of the Court of Appeal not wrong in law and must it not be set...

Okonji V. Njokanma (1991) CLR 9(b) (SC)

Judgement delivered on 13th September, 1991

Brief

Facts

Issues