KARIBO & ORS. V. GREND & ANOR.

• Pages: 536-546

536



NIGERIAN SUPREME COURT CASES

[1992] 1 N.S.C.C.

Appeal allowed

KARIBO & ORS. V. GREND & ANOR.



5

1.

BENNETT KARIBO

2.

DAGOGO KIANI

3.

WARIBOKO FOINBO ORUENE

(for themselves and as

representing Okoro Ngbebo

family.)

V.

1.

AMOS GREND

2.

BIPISEIBAMA GREND

for themselves and as

representing Grend family.)

PLAINTIFFS/APPELLANTS

DEFENDANTS/RESPONDENTS

1C

2C

APPEAL No. SC. 135/1989.

SUPREME COURT OF NIGERIA

UWAIS,



J.S.C.

NNAEMEKA-AGU, J.S.C.

WALT,



J.S.C.

A KPATA ,



J.S.C.

0 MO,



J.S.C.

6th April, 1992.

Appeal -

Grounds of - How considered - When can be allowed and retrial ordered - Failure

of trial Court to make findings on material and important issues of facts - Course open

to Appellate Courts - Duty of Appellate Courts - Proper order to make.

Court -

Trial Courts - duty to make findings - When it arises - Duty to make findings on all

issues - Failure to carry out - Course open to appellate Court.

Evidence -

Evaluation of - Proof of - Traditional history - Conflicts - Duty of trial court -

How resolved - Findings of fact - proriety or otherwise of use of the phrases

"I

believe

or

I

disbelieve" by a judge.

Judgment - Findings of fact - Failure of trial court to make where necessary - Proper order

to give for appellate court to make where trial court acted in breach of the duty is to

order retrial.

Land Law -

Proof - Traditional history - Conflicting evidence of tradition - How resolved.

Practice and Procedure -

Failure of trial court to make findings on material issues of fact

- Course open to court of appeal - Proper order to make.

ISSUES:

1. What is the effect of the failure by a trial court to make findings of fact?

2E

3C

3E

4C

4E

5(