(1997) JELR 45476 (SC)    

Supreme Court  ·  SC.206/1993 ·  17 Jul 1997 ·  Nigeria
Other Citations
Egbaran v Akpotor (1997) 7 NWLR (Pt.514) 559
Egbaran v. Akpotor (1997) 7 NWLR (Pt. 514) 559
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
court of appeal
appellate court
statement of claim
3rd respondent
findings of fact
judgment of the trial court
trial judge
account of exhibit d
findings of the learned trial judge
lead judgment
occupation of the land
said judgment
suit no. s
trial of this action exhibit d
briefs of argument
descendants of ajija
evidence of exhibit
extraneous evidence
farm camps
following reliefs
founding fathers of orerokpe
high court
judgment of a lower court
judgment of the court of appeal
leading judgment
learned judge of the court of appeal
main complaint of the plaintiffs
majority decision
majority judgment of the appeal court
okpe native law
own evidence
parties exhibit d
proper evaluation of the evidence
resolution of the above stated issues
see enang v
split decision
such capacities
traditional history of the plaintiffs
view of the concurrent findings of the trial court
wrong evaluation of evidence

S. U. ONU, J.S.C (Delivering the Leading Judgment): The main complaint of the plaintiffs/appellants in this appeal emanating from the Court of Appeal, Benin Division (hereinafter referred to as the court below), dated 16th April, 1993 and which falls within a narrow compass, is the admission in evidence of Exhibit "D", to wit: Suit No. S/32/74 which the defendants/ respondents during their defence, having hitherto pleaded it, sought to tender same but was vehemently opposed by the plaintiffs/appellants on grounds that it was not relevant to the suit since the parties, subject-matter and issues therein were not the same. The aim of the defendants/respondents in tendering it through the 3rd respondent (a request which the learned trial judge eventually acceded to by admitting it as Exhibit "D") was, as I shall seek to demonstrate, to discredit the traditional history of the plaintiffs/appellants.

At the High Court, Orerokpe in Bendel (now Delta) State the plaintiffs/appellants commenced…

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