GABRIEL ADEKUNLE OGUNDEPO & ANOR V. THOMAS ENIYAN OLUMESAN

SUBJECT MATTER – OWNERSHIP OF LAND

DECLARATION OF TITLE – DOCUMENTARY EVIDENCE – ORDER OF RETRIAL

VARYING THE TERMS OF DOCUMENTARY EVIDENCE – admissibility of extrinsic evidence to vary terms of documentary evidence

EVIDENCE – power of appellate court to set aside findings of fact of trial court supported by evidence

REEVALUATION OF EVIDENCE- Where credibility of a witness is not in point, a court of appeal can reevaluate such evidence

ORDER OF RETRIAL – circumstance where an order of retrial is made

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Federal Republic of Nigeria V. Joe Brown Akubueze

Subject matter:
Fair Hearing: What the court must consider to determine whether fair hearing is breached or denied .
Contempt of Court: When a counsel should not be cited for same /when the court may invoke its power of contempt.
Order of Retrial: The principles which a court must consider before granting same.
“Fair hearing incorporates a trial done in accordance with rules of natural justice which in the broad sense, is that which is done in circumstances which are fair, just, equitable and impartial. This aspect of natural justice should not only be done but should manifestly and undoubtedly be seen to be done. Fair hearing must include giving to a party or a legal practitioner of his choice the opportunity to present his case before an impartial court or other Tribunal in an atmosphere free from fear and intimidation”
– per J.A. FABIYI JSC

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