SUNDAY MODUPE V. THE STATE CITATION: (1988) LPELR-SC.109/1987 In The Supreme Court of Nigeria On Friday, the 16th day of September, 1988 Suit No: SC.109/1987 Before Their Lordships KAYODE ESO ADOLPHUS GODWIN KARIBI-WHYTE CHUKWUDIFU AKUNNE OPUTA ABDUL GANIYU OLATUNJI AGBAJE EBENEZER BABASANYA CRAIG ....... Justice ....... Justice ....... Justice ....... Justice ....... Justice of of of of of the the the the the Supreme Supreme Supreme Supreme Supreme Between SUNDAY MODUPE Appellants And THE STATE Respondents RATIO DECIDENDI 1 APPEAL - ISSUES FOR DETERMINATION: From where does issues for determination arise? "Issues for Determination in any appeal must be issues arising from the grounds of appeal filed". Per Oputa, JSC. (P.11, Para. G) - read in context 2 COURT - DUTY OF COURT: duty of trial court when faced with conflicting versions of an essential fact "Normally a trial Court that had the opportunity of seeing the witnesses, hearing them and watching their demeanour enjoys the special privilege of believing or disbelieving their evidence. But belief or disbelief becomes an issue when and Court Court Court Court Court

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