CASE TITLE: ISA v. AUDU (2024) LPELR-62433 (CA)
JUDGMENT DATE: 3RD JULY, 2024
PRACTICE AREA: CIVIL PROCEDURE
LEAD JUDGMENT: UGOCHUKWU ANTHONY OGAKWU, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION:
This appeal borders on civil procedure.
FACTS:
This is an appeal against the decision of the High Court of Yobe State.
The disputed land in this matter is situate at Nguru High Density Residential Layout, Nguru, Yobe State. The Respondent herein was the Plaintiff in an action before the High Court of Yobe State in SUIT NO. YBS/HC/NG/2CV/2015: IBRAHIM AUDU vs. ALHAJI ISA (BBC) and he claimed the following reliefs against the Appellant:
“1. A declaration that the piece of plot designated as plot No. 223 on BOTP/115A situate at Nguru High Density Res. Layout of about 600sqm. covered by the letter of grant No. NG/703 dated 21st September, 1989, granted to Alhaji Bala Yaro, is the property of the plaintiff.
2. A further declaration that the act of the defendant in surrounding the same plot described at paragraph 1 above amounts to a trespass.
3. An order of perpetual injunctions restraining the defendant from further trespassing in whatever way to exercising any act adverse to the interest of the plaintiff in whatever nature on the plot on dispute.
4. N100,000.00 General Damages.
5. Cost of this suit.”
The parties filed and exchanged pleadings and the matter was subjected to a plenary trial where testimonial and documentary evidence was adduced. The Court found in favour of the Respondent and entered judgment for him.
The Appellant was dissatisfied with the decision, hence this appeal.
ISSUE(S) FOR DETERMINATION:
The Court considered the following issues:
1. “Whether the respondent has discharged his onus based on preponderance of evidence.”
2. “Whether the trial Court carefully examined all the exhibits tendered before arriving at a conclusion.”
3. “Whether the trial Court has properly evaluated the evidence of the witnesses before him.”
DECISION/HELD:
In conclusion, the appeal was dismissed.
RATIOS:
- APPEAL- INTERFERENCE WITH EVALUATION OF EVIDENCE: Duty of trial Court to evaluate evidence and ascribe probative value to same; when an Appellate Court will/will not interfere
- APPEAL- RECORD OF APPEAL: Whether an appellate Court can draw any conclusion which is not supported by the record before it
- APPEAL- APPEAL AGAINST DECISION/FINDING OF COURT: What an appellant must show for an appellate Court to interfere with the decision of a trial Court
- POLICE- DUTY OF POLICE: Whether the duty of the police includes the settlement of civil dispute or debt collection
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