IKECHOKWU & ORS.
V.
OLISAKA

(2003) JELR 44890 (CA)

Court of Appeal · CA/E/25/2002 · 14 Apr 2003 · Nigeria

CORAM

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

parties

learned trial judge

point

court

appeal

argument

senior advocate

issues

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…

IKECHOKWU & ORS. V. OLISAKA

IKECHOKWU & ORS.
V.
OLISAKA