AROYEWUN & ORS. V OSOLARU & ORS.

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827

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NIGERIAN SUPREME COURT CASES

[1985] 2 N.S.C.C.

AROYEWUN & ORS. V OSOLARU & ORS.

5

ONANEYE AROYEWUN & ORS.

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APPELLANTS

V

AWOLESI OSOLARU & ORS.

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RESPONDENTS

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SUIT NO. SC 195/1984

SUPREME COURT OF NIGERIA

BELLO,

OBASEKI,

NNAMANI,

UWAIS,

COKER,

10th June, 1985

J.S.C.

J.S.C.

J.S.C.

J.S.C.

J. S. C.

15

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Appeals (Civil) - Trial Judge's unwarranted interference with some defence

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witnesses, his declaration during another defence witness' evidence that he

would not believe her, his loss of impression of remaining defence witness'

evidence due to delay in delivering judgment - Court of Appeal proceeding

to evaluate evidence itself and enter judgment on its findings after setting

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aside trial Judge's judgment - Whether proper - Appropriate order under

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circumstances - A retrial.

ISSUE:

1. What is the appropriate order for the Court of Appeal to make where it is of the

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opinion that a trial Judge interfered unnecessarily with some defence witnesses

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and had lost his impression of the remaining witnesses due to his delay in

delivering judgment?

FACTS:

The Court of Appeal proceeded to evaluate evidence itself and enter judgment

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on its own findings after setting aside a High Court judgment on the ground of the

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trial Judge's unwarranted interference with some defence witnesses, his declara-

tion during another defence witness' evidence that he would not believe her and

his loss of impression of the remaining defence witnesses in delivering judgment.

The appellants appealed to the Supreme Court on the ground that the Court of Ap-

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peal erred in law in proceeding to assess the evidence and entering judgment for

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the plaintiff/respondent.

HELD:

The proper order the Court of Appeal should have made in the light of those

findings was to set aside the judgment of the trial court and remit the case to the

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High Court for retrial before another judge. The Court of Appeal not having wit-

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nessed the evidence of witnesses could not evaluate and proceed to deliver its

judgment based on such evidence. The judgment of the Court of Appeal is here-

by set aside and the case remitted to the High Court for hearing

de novo

before

another Judge.

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CASE REFERRED TO IN JUDGMENT:

1.

Ariori v. Elemo

(1983) 1 S.C. 13.