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