CONTRADICTIONS IN THE EVIDENCE OF WITNESSES – WHETHER THE JUDGMENT OF A TRIAL COURT WOULD BE REVERSED ON APPEAL ON ACCOUNT OF CONTRADICTIONS IN THE EVIDENCE OF WITNESSES
Appeal No: CA/YL/150/2017
LEGALPEDIA ELECTRONIC CITATION: (2020) Legalpedia (CA) 11271
Summary Of Fact:
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.