(2003) JELR 44890 (CA)    

Court of Appeal  ·  CA/E/25/2002 ·  14 Apr 2003 ·  Nigeria
MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria I.C. PATS ACHOLONU Justice of The Court of Appeal of Nigeria SULE AREMU OLAGUNJU Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
senior advocate
suo motu
deed of lease
secondary evidence
admissibility of the document
new point
admissibility of the deed of lease
issue suo motu
learned senior advocate
admissibility of the photocopy of the deed
right of fair hearing
admissibility of a document
admission of the document
anambra state
benefit of a hearing
consequence of the breach of the principle
consequence of violation of that principle
contradiction of the appellate review exercise
court raise
decision of this court
entire proceedings
evidence act documents
family of the defendants
following cases
general principle
grounds of appeal
lands instruments registration law
laws of eastern nigeria
leading authorities
learned judge
learned trial court
lease agreement
legal principles
matter of law
propriety of a court
question of admissibility of the deed
ruling of emekwue
see collins shorter dictionary
trial court
view of the learned trial judge
virtue of section

S.A. OLAGUNJU, J.C.A, (Delivering the Leading Judgment): The appeal is from the Ruling of Emekwue, J., on admissibility of a document which was rejected by the learned trial judge on the ground other than the one raised by the counsel opposing the admission of the document giving rise, primarily, to the propriety of a court raising an issue suo motu and basing its decision on it without giving the parties the opportunity to address it on the point. The material facts from which the appeal arose can be summarized as hereunder.

In an action for declaration of title to land, perpetual injunction and damages the plaintiff, the respondent herein, in paragraph 7 of his amended statement of claim pleaded a Deed of Lease, he entered with the family of the Defendants which is repudiated by the Defendants in paragraph 8 of their amended statement of defence. At the trial, the plaintiff who testified as 1PW, did not produce the document during his examination-in-chief and during cross-examinatio…

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