Facts of the case:
The appellants, at the Owerri High Court, instituted an action for declaration of title to a piece of land, damages and injunction against the respondents herein, The appellants case was that they inherited the land from their ancestor called Alume, The respondents also claimed that they inherited the disputed piece of land from their forefathers.
SEE ALSO: CASE: Adeka v Vaatia
The dispute that led to the institution of this action arose in 1977 when as a result of another land dispute
between the respondents and the Umuoguesi family in suit No. HOW/3/76 over a different piece of land the respondents in making their survey plan in that case were said to have trespassed into the land in dispute for the first time without leave or consent of the appellants.
When the appellant challenged the respondents the respondents claimed ownership of the land and the appellants reacted by instituting this action. The High Court dismissed the appcllant’s action. The appellants were dissatisfied with the decision of the High Court which gave ownership to the respondents, hence this appeal.
Held: (Unanimously dismissing the appeal)
1. On When the court can admit evidence on facts not pleaded –
Where the existence of a suit is not pleaded or a certified true copy of the judome. the suit is not tendered The court can rightly accept evidence led on the existence of the suit where fact of the existence of the suit and its result were admitted parties.
2. On Treatment of unchallenged evidence-
Evidence of facts in issue not challenged or debunked ought to be accepted and acted upon by the court
3. On the duty of a trial court in civil cases-
A trial Judge is required to carefully consider the evidence adduced by both sides and decide on the balance of probabilities which account he should accept