Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



THE PRESBYTERIAN JOINT HOSPITAL UBURU & ORS
V.
ONELE & ANOR

(2018) JELR 38694 (CA)    

Court of Appeal  ·  CA/E/247/2017 ·  13 Jul 2018 ·  Nigeria
CORAM
HELEN MORONKEJI OGUNWUMIJU JCA IGNATIUS IGWE AGUBE JCA JOSEPH TINE TUR JCA

Ratio Decidendi

Core Terms Beta
sworn statement
learned counsel
learned trial judge
high court of ebonyi state
evidence act
2nd respondent
appellants counsel
cross-examination
oath of their witnesses
2nd appellants
written statement
previous written statements
statement of defence
court order
particular case
trial court
objection of the respondents counsel
written statements
said statements
part of the proceedings
amended statement of defence
previous sworn written statements
new statement of claim
amended survey plan
such persons
witnesses
provisions of section
5th appellants
pw1
judicial authorities
humble view
statements
supreme court
2nd defendants
appellant
trial judge
previous statement
3rd appellant
appellants counsel cross
old evidence act
interlocutory appeal
truth of the said statements
respective originating processes
part of the trial courts
10th january
wrong decision
court
fair trial
section
leading judgment

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of Hon. Justice F.A Edem sitting at the High Court of Ebonyi State, delivered on 20/3/17 wherein the learned trial judge in a considered ruling held that the Appellant cannot cross examine the 2nd Respondent on a sworn statement that was already struck out by the Court.

The facts that led to this appeal are as follows:

The Respondents were the Plaintiffs who initiated this action against the 1st and 2nd Defendants herein the 1st and 2nd Appellants by a writ of summons on 18th March, 2015 claiming against them declaration of title over land, injunctions and damages.

Parties filed their respective originating processes. The Respondents filed along with their claim, written statements on oath of their four witnesses; the 1st and 2nd Appellants joined issues with them and filed their statement of defence and the sworn written statements on oath of their witnesses.

Pursuant …

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