BAMIDELE & ANOR. V. ADEYEMI & ORS.

• Pages: 108-110

108

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NIGERIAN SUPREME COURT CASES

[1963] N.S.C.C.

here, so far as the defendants are concerned. This judgment is not concerned with

the rights which their tenants may be entitiled to. I would allow the appeal and order

that-

The judgment in the Lagos High Court Suit No.374 of 1960 dated the 29th of

May, 1961, is hereby set aside and replaced by judgment for the plaintiff granting

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5

him against the defendants possession of the land with the buildings and appur-

tenances thereo-i situate at and known as No.36 Coates Street, Ebute Metta, in the

mainland of the Federal Territory of Lagos and an injunction restraining the de-

fendants, their servants and/or agaents from collecting any rents from the afore-

said property, with costs of appeal assessed at forty-eight guineas and with costs

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in the Court below assessed at seventy-two guineas.

Appeal allowed.

Brett, F.J.:

I concur.

Taylor, F.J.:

I concur.

BAMIDELE & ANOR. V. ADEYEMI & ORS.

1.

ALHAJI SHITTU BAMIDELE

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APPELLANTS

2.

SHITTU ALAKA

V

1.

ADERINOLA ADEYEMI

2.

JEJELOLA ADEYEMI

3.

MORILI ADEYEMI

4.

MUFUTAU ADEYEMI

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RESPONDENTS

5.

IDIATU ADEYEMI

6.

AWULATU ADEYEMI

7.

AKINADE ADEYEMI

SUIT NO.FSC 315/1962

FEDERAL SUPREME COURT, NIGERIA

BR ETT,

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F.J.

BAIRAMIAN,

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F.J.

COKER,

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Ag.

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F.J.

15th March, 1963.

Practice and Procedure - Judgment relying on unproved statement of Police.

40

ISSUE

1. Whether in a claim for damages for death by negligence a Judge can use an

unproved statement of a defendant made to the police to discredit the defence.

FACTS :

The plaintiffs claimed damages for the death of a passenger in a lorry. The

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driver testified that in his bid to void hitting a cyclist he swerved and hit a tree; he

was crossed-examined on an alleged statement of his to the police, but he denied

making it. The trial Judge used that statement, which was not proved, to discredit

the driver's defence.

HELD:

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50

As regards the use of the unproved statement to discredit the 2nd defendant

on the point which would have exonerated him it cannot be said that the trial judge

would have dis-believed him anyway even without the test of the statement. The

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