(1972) JELR 46137 (SC)    

Supreme Court  ·  SC.359/1966 ·  5 May 1972 ·  Nigeria
Other Citations
(1972) All N.L.R 460 Aya v. Henshaw (1972) 5 S.C. 56
GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria IAN LEWIS Justice of The Supreme Court of Nigeria UDO UDOMA Justice of The Supreme Court of Nigeria
Core Terms Beta
learned judge
high court
such evidence
learned chief magistrate
high court rules
learned judge of the high court
n. m. l. r.
provisions of order
said land
said plan exhibit c
specific statutory provision
trial judge
view of the fact
witness of his own volition
additional evidence
appeal no. c
call witnesses
civil action
civil proceedings
company of the said parties
course of the argument of counsel
eastern nigeria
eastern nigeria of the federal republic of nigeria
exercise of powers
following terms
further acts of trespass
grounds of appeal
hand of the presiding judge
impression of this case
leading judgment
mr. anwan
national coal board
oral examination
plan exhibit c
recall witnesses
sir i. lewis
specific findings of fact
statutory provision
subject-matter of the said suits
such order
suit no.
surveyors of both parties
surveyor williams

SIR I. LEWIS, J.S.C. (Delivering the Leading Judgment): The plaintiffs claimed 200pounds damages for trespass together with an injunction to restrain the defendants from further acts of trespass on the plaintiffs' land in Plaint: MU/62/58 in the Chief Magistrate's Court, Calabar but on the 28th December, 1960 the learned Chief Magistrate dismissed the claim with 50 guineas costs holding, as we understand the judgment, that the defendants were entitled to build where they did as it was not on land awarded to the plaintiffs in a judgment by Webber J. in Suit No. 610/1910 delivered on the 21st September, 1911. The plaintiffs appealed against that decision to the High Court, Calabar but during the course of the argument of counsel, Mr. Anwan, the record reads as follows:

"Court to both Counsel: My impression of this case is that the evidence therein is unsatisfactory in some respects. And I feel like exercising the powers conferred on this Court by Order 56,rules 16 and 17.

Anwan: I woul…

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