Chief Aaron Nwizuk & Ors V. Chief Warribo Eneyok & Ors (1953)

LawGlobal Hub Judgment Report – West African Court of Appeal

Practice and Procedure—Inspection by court—Admissions made by parties at inspection

Facts

After the evidence the Judge went to inspect the land in dispute—some islands in this case—in the presence of two plaintiffs as representing the plaintiffs and of a defendant representing the defendants.

There the defendant admitted that some of the evidence given for his side was untrue and the two plaintiffs admitted that evidence given for them regarding some at least of the islands was false.

In the judgment dismissing the plaintiffs’ claim to the islands the Judge gave an account of his inspection and mentioned the said admissions. The plaintiffs appealed arguing that it was a mistake of law to take into account statements made at the inspection; that the Judge ought to have recalled those concerned for further examination; and also that there ought to have been a separate note of the inspection made at the first opportunity. (The other ground was against the findings of fact on the evidence, but the Court of Appeal saw no reason to disagree.)

Held

(1) The Court did not cease to be a Court when on inspection and the statements were as much oral admissions by a party in Court as if they had been made in a Court-room, and could be taken into account as such.

(2) The absence of a record of the inspection is not fatal; statements by the Judge in a solemn judgment must be taken as a correct account of what occurred and therefore final.

Appeal dismissed.