Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ANEKE & ANOR
V.
IDE & ORS

(2018) JELR 39065 (CA)    

Court of Appeal  ·  CA/PH/567/2016 ·  1 Mar 2018 ·  Nigeria
CORAM
THERESA NGOLIKA ORJI-ABADUA JCA CORDELIA IFEOMA JOMBO-OFO JCA BITRUS GYARAZAMA SANGA JCA

Ratio Decidendi

Core Terms Beta
respondents
application
appellants
evidence
pleadings
learned trial judge
cw1
record of appeal
lower court
12th october
prof. christopher ide
professor christopher ide
cross-examination
oath of cw1
proposed amended claimants defence
said prof. christopher ide
typographical error
amendments
chief of cw1
different occasions
oath of peter ben ide
proposed amended written statements
written statement
written statements
3rd respondent
brief facts
briefs of argument
cordelia ifeoma jombo-ofo
counter claim of 12th november
cross examination
following orders
good faith
grant of prayer
high court
human beings
leading judgment
mistake of counsel
mr. zedie ben ide
original position
possession of the parcel of land
practice of this court
reply brief of argument
result of typographical error
ruling of the high court of bayelsa state
statement of defence of 26th september
submission of the learned counsel
substantive case of the party
such mistakes
trial court
way of further cross-examination

CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the High Court of Bayelsa State (hereinafter to be known as the lower/trial Court) per Hon. Justice T. I. Cocodia, sitting at Yenagoa Division, delivered 12th October, 2016 in suit No. YHC/56/2014 Between: Mr. Zedie Ben Ide and 3 Ors and Mr. Harold Aneke and Anor.

BRIEF FACTS

By a writ of summons issued 1st April, 2014 the claimants at the lower Court claimed ownership in possession of the parcel of land called Egbos., trespass on the land, restrictive injunction and an award of damages against the defendants. Pleadings were duly exchanged and issues joined by the parties. Hearing commenced, in the course of which the 3rd respondent testified and was cross examined as the CW1. On 7th March, 2016, the CW1 under cross-examination and as can be gleaned at page 164 of the record of appeal, said inter alia:

"..Yes Professor Christopher Ide travelled to the U. S. about 1972.."

In the subse…

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