Exhibit DB8 – DB18 i.e. judgment in suit no: HC/FCT/CV/1059/2009 are the
same shops in issue in this suit. Also the question that readily come to mind
is, did the 1st Defendant herein repurchase the said shops from the
Defendant in Exhibit DB8 – DB18 (supra) and sold same to the Plaintiff.
No such evidence is before this Court which means at all material time
the shops in issue had been sold by the 1st Defendant to some other
person other than the Plaintiff. this much I hold is the evidence of the
Plaintiff himself as contained in Exhibit DB8 – DB18 i.e. judgment in suit no:
HC/FCT/CV/1059/2009.
The witness statement on oath in Exhibit DB8 – DB18 (supra) was adopted
by the Plaintiff in that suit as his evidence.
I hold therefore that it is evidence which this Court can look at in
determining this suit. The law is that a Court of law in reaching a decision
in a suit before it is enjoined to take cognizance of all the documents
in its file see the case of Agbo V. The State (2007) 10 WRN 95 @ 107.
Furthermore evidence at variance with the Exhibit is not to be believed by
the Court see the case of Ukaegbu V. Nwololo (2009) 3 NWLR (pt. 1127)
194 @ 209 paragraphs E – F.
In the instant case therefore, I am unable to see my way through how the
Plaintiff can turn around after admitting that the property in issue had
been purchased by some other person from the 1st Defendant and now
said the property belong to him and should be given to him. That would
amount to a “Double Speak” a legal summersault of a monumental
dimension. A witness cannot blow not and cold at the same time, it is
interesting to note that the same Plaintiff who is claiming payment of the
shops in issue was said to have been issued a receipt by the 1st Defendant
when he submitted the said bank teller. The receipts were in the name of
the 2nd Defendant and they were given to the Plaintiff. There is no
evidence before the Court to show that he protested the issuance of the
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