JULIUS BERGER NIG. PLC. v. OGUN STATE HOUSING CORPORATION

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Facts:

The appellant, a leading construction company in Nigeria was in possession of a particular piece of land in Ogun State. The land had laterite which the company used for its construction work.

The respondent, an agency of the Ogun State government claimed ownership of the land used by the appellant and also had proof of ownership. An ensuing dispute arose as to who owned the land and the respondent instituted an action by way of writ at the trial court, where it sought general and special damages for trespass and perpetual injunction against the appellant.

The appellant in response filed its defence and adduced evidence seeking to justify its ownership over the land in dispute.

Trial commenced and the trial court in its final decision rejected four documents tendered as evidence by the appellant but did not give sufficient reasons for such. It further gave judgment in favour of the respondent.

The appellant was aggrieved and filed a notice of appeal at the Court of Appeal, Ibadan Division against the decision of the trial Court. A key issue for determination was whether the lower court was right in rejecting the documents tendered as evidence by the Appellant in proof of its case.

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