SHEBIOBA V. RAJI

• Pages: 56-59

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NIGERIAN SUPREME COURT CASES

[1968] N.S.C.C.

SHEBIOBA RAJI

5

E.B. SHEBIOBA

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APPELLANT

V

BRAIMOH RAJI

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RESPONDENT

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10

SUIT NO. SC 130/66

SUPREME

COURT

OF NIGERIA

BRETT,



J.S.C.

LEWIS,

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J.S.C.

MADARIKAN,

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J.S.C.

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15

February 29th, 1968.

Civil Action - Practice and procedure - Claim for money had and received -

Dismissal of claim by trial judge - Comments by judge tending to impugn

good character of plaintiffs lawyer - Admission of facts not in dispute -

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Failure to admit important and material evidence.

ISSUE:

1.

Whether an appellate court should upset the judgment of a lower court where

the appeal is based solely on facts, and if so, when.

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FACTS:

The plaintiff/appellant had sued in the High Court to recover £900 being money

had and received. The claim was dismissed. Plaintiff appealed on several

grounds including the acceptance of facts not in issue, the failure to take note of

material evidence given by plaintiff's counsel as to the identification of the defend-

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ant and thereby making suggestions striking at the integrity of the counsel. Mr Ade-

bayo Ogunsanya.

HELD:

1.

An appellate court should never be in a hurry to upset the judgment of a lower

court which had the benefit of direct evidence unless as in this case, the judge,

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has come to a wrong conclusion by reason of material inaccuracies and failure

to evaluate vital evidence.

CASES REFERRED TO IN JUDGMENT:

1.

Fatoyinbo and others v. Williams alias Sanni and others

(1956) 1 F.S.C. 87.

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2.

Watt or Thomas v. Thomas

(1947) A.C. 484.

Mr. Adeniran Ogunsanya (Messrs S.M. Olakunri & 0. Johnson

with him), for the

Appellant.

Mr. B.A. Ajibola

for the Respondent.

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MADARIKAN, J.S.C.

(delivering the judgment of the Court): In Suit No.

LD/412/62 the plaintiff claimed £900 "being money had and received by the

defendant to the use of the plaintiff or alternatively the sum of £900 being money

paid by the plaintiff to the defendant upon a consideration that has totally failed".

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The action was tried in the Lagos High Court by Ikpeazu J., who dismissed the

claim on the 8th of February, 1965, and against that decision the plaintiff has

appealed on the ground that the decision is against the weight of evidence.