(1973) JELR 39721 (SC)    

Supreme Court  ·  SC.156/1972 ·  17 May 1973 ·  Nigeria
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GEORGE B. A. COKER Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria

G. B. A. COKER, J.S.C (Delivering the Leading Judgment): We are satisfied that this appeal has no merits. A number of grounds of appeal were canvassed before us and these attack the findings of fact by the Upper Area Court, the reception of the evidence of unsworn witnesses, the lack of certainty of the land in dispute and the conduct of the inspection at the locus in quo. These matters were all canvassed on appeal before the High Court which, rightly in our view, rejected the submissions on them.

The visit to the locus in quo was in our view properly conducted and the intrusion by other persons took place when the defendant started to make claims which the people standing by considered to be fantastic and to be ridiculous and when the defendant himself told the court that those people were all his witnesses. With respect to the identity of the land, learned counsel would appear to overlook the fact that at the inspection, the Upper Area Court measured the land in dispute and found i…

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