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Topic starter
May 18, 2020 1:56 pm
"It is trite that contradictions in the evidence of witnesses may not necessarily be fatal to a case especially when they are minor, and the judgment of a trial court will not be reversed on appeal because there were contradictions in the evidence of witnesses, it must also be shown that the court did not advert its mind to those contradictions. See Taiwo v. Ogundele (2012) ALL FWLR (Pt. 639) 1033 at 1048 Paras. F-G.
PER A.M.BAYERO, J.C.A IN CHRISTOPHER OKOYE & ANOR VS MARKUS ELISHA MBAYA
Appeal No: CA/YL/150/2017
Appeal No: CA/YL/150/2017
LEGALPEDIA ELECTRONIC CITATION: (2020) Legalpedia (CA) 11271
Topic starter
May 18, 2020 1:58 pm
Summary Of Fact:
The Plaintiff/Respondent filed a suit against the Defendant/Appellant in the Upper Area Court; he then applied orally to join the 2nd Appellant which application was granted by the court.
The Plaintiff/Respondent had two witnesses who testified on his behalf while the Defendant/Appellant did not present any witness.
The trial court entered judgment in favour of the Respondent. Dissatisfied, the Appellants appealed to the lower Court, which delivered its judgment in favour of the Respondent. Irked with the judgement, the Appellants having obtained the leave of court appealed to this Court.
The Appellants’ contention is that by the provisions of Section 12(1) (a) (b) of the Area Court Law (Cap 11) Laws of Adamawa State 1987, an Area Court can only exercise jurisdiction over a natural person.That the Upper Area Court had no jurisdiction to hear and determine the claim of the Respondent before it as against the 2nd Appellant which is a Company incorporated under Nigerian laws and thus a non-natural person.
