Agbafuna Ejidike & Ors V. Christopher Obiora On Behalf Of Himself & Anor (1951)

LawGlobal Hub Judgment Report – West African Court of Appeal

Visit by trial Judge to Locus in Quo after close of evidence—Judge not to make
himself a witness in the case—Irregularity in inspection not fatal unless a party prejudiced and miscarriage of Justice occasioned.

Facts

The facts in this case were involved and had occasioned much previous litigation. The appellant raised numerous grounds of misdirection which were rejected by the Court and do not call for comment.

Counsel for the appellant also argued that the trial Judge had erred in law in holding an inspection, after the close of the evidence, of the locus in quo. It appeared from the judgment that the trial Judge had referred therein to certain facts of which there was no evidence on record.

The Court considered the purpose of such visits and added that the Judge should be careful to avoid placing himself in the position of a witness and arriving at conclusions based upon his personal observations, of which there was no evidence upon the record.

Held

Although the Judge may have erred in referring in his judgment to certain facts observed by him on the inspection, of which there was no evidence on .record, and had drawn certain conclusions therefrom, the Court was not satisfied that these conclusions materially affected his decision, or that if he had not made such observations he would have come to a different conclusion. This ground of appeal failed.

Appeal dismissed.