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EVIDENCE IN CIVIL & CRIMINAL PROCEEDINGS - NIGERIAN CASES

Comprehensive A-Z PDF Copy of this Index complete with "Citations" and "Main Issues" either singly or as a compendium of other CATEGORIES  - are available for a fee. Just fil this FORM HERE or email lawnigeria@gmail.com & treentrees@gmail.com or info@lawnigeria.com

TITLE

MAIN ISSUES

A. G. ANAMBRA STATE V. A. G. FEDERATION

EVIDENCE:- Non denial of fact - Legal effect of

A. I. C. LIMITED V. NIGERIAN NATIONAL PETROLEUM CORPORATION

EVIDENCE:- Proof - Onus on plaintiff to establish his case - Whether he can rely on weakness of defendant’s case.

A.C.B. LTD.  V. OBA

EVIDENCE:- Admissibility - Bank’s statement of account - Conditions precedent to admissibility of - Section 97 (2) (e) Evidence Act, 1990 - Requirement (f)

EVIDENCE:- Evaluation of - Duty on trial court in respect thereof - Attitude of appellate court thereto.

EVIDENCE:- Proof- Pleadings - Facts admitted in pleadings- Whether still need further proof - Section 75 of the Evidence Act.

ABASI V. ONIDO (CA)

EVIDENCE:- Declaration of title to land Proof of traditional history Where evidence of both parties conflicting and inconclusive How resolved.

EVIDENCE:- Proof Standard of proof required in civil action.

ABAYOMI BABATUNDE V. PAN ATLANTIC AND TRANSPORT AGENCIES

 

ABDU MOHAMMED V. THE STATE

EVIDENCE:- Culpable homicide - Corroboration - Whether required to secure conviction on evidence of sole eye-witness for prosecution.

ABDU USMAN MAIDARA V. SHEHU HALILU

EVIDENCE:– Burden of proof in civil matters – on whom it lies and when discharged.

EVIDENCE:– Evaluation of evidence – unchallenged and uncontroverted evidence – how treated.

ABDU V. THE STATE

EVIDENCE:- Who has the burden of proving that any person has committed a crime or a wrongful act – How a case can be proved beyond reasonable doubt

ABDULLAHI V. WAJE COMMUNITY BANK

EVIDENCE:- Extrinsic EVIDENCE:- Whether documents can be altered by

ABDULLAHI V. MILITARY ADMINISTRATOR(CA)

EVIDENCE:– Section 137 of the Evidence Act – Proof required under same – Whether a party against whom judgment would be given in civil proceedings is required to prove the existence or non – Existence of a fact – consequences of failure to discharge same.

EVIDENCE:– Evidence adduced and ascertained – Duty of trial court to scrutinize same – Whether relevant to facts pleaded and issues joined.

ABDUN KAKA V. MALAMI NAGWANJA

EVIDENCE:- Treatment of appeal from Sharia Court of Appeal – Where parties had not used legal practitioner at any stage of the proceedings – Duty of court to review records of courts below

ABE V. AKAAJIME

EVIDENCE:- Res judicata - Establishment of - Conditions precedent thereto.

EVIDENCE:- Section 45 of the Evidence Act - Presumption of probability of ownership of land - When applicable - Whether rebuttable

ABIA V. OGBU

EVIDENCE:- Res judicata - Party not authorised to defend in representative capacity - Judgment given against - Whether it constitutes res judicata against the community.

ABIBU V. BINUTU AND ANOTHER

EVIDENCE:- . S.45 Evidence act -

 

ABIMOLA GEORGE V. DOMINION FLOUR MILLS

EVIDENCE:- Illegality – How treated

ABINKUMI V. KASIMU

EVIDENCE:- Witnesses failing to appear - Record of Evidence of such witnesses taken before another tribunal which is not admissible – Whether consent by both parties validates such evidence

EVIDENCE GIVEN BEFORE ANOTHER COURT: Transfer of part-heard matter from one court to another - Whether a court can consider evidence given before a different court which had heard the matter previously and partially in reaching its judgment – Need for every court to hear every witness and not depend on written evidence of witnesses

ABIODUN  ADELAJA V. OLATUNDE FANOIKI

EVIDENCE:- Presumptions of due execution - ss. 99, 122 AND 129, Evidence Act -When availing - Admissibility of Secondary evidence -  Conditions precedent.

ABIODUN FAMUROTI  V. MADAM S. AGBEKE

EVIDENCE:- Whether party is bound to call a hostile witness that is likely to give evidence against him - Allegation of forgery -On whom lies the burden of proof of forgery

ABIODUN OLAOSEBIKAN V. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS.

EVIDENCE:- PROOF: whether anything admitted needs to be proved

ABIODUN V. ADEHIN

EVIDENCE: Statutes - Judicial notice of.

ABIODUN V. VASAD N.V

EVIDENCE:- Documentary EVIDENCE:- Duplicate copy of an invoice - Whether proof of delivery of goods therein mentioned.

EVIDENCE:- Non-objection to an invoice - Effect thereof.

ABIOLA & SONS BOTTLING CO. LTD V. 7UP BOTTLING CO.  LTD & ORS

EVIDENCE:- Doctrine of estoppel per rem judicatam - Meaning of – Condition precent for res judicata by way of estoppel to operate as a bar to against claims or suit

ABISI V. EKWEALOR

EVIDENCE:- Evaluation of evidence - Primary function of trial court - When appeal court may interfere

EVIDENCE:- Onus of proof - Declaration of title to land - Whether plaintiff permitted to rely on weakness in defence case.

ABOGEDE V. STATE

EVIDENCE: Proof: Vicarious liability

 

ABRAHAM V. OLORUNFUNMI(CA

EVIDENCE:- Affidavit evidence of title to land -Admissibility of.

EVIDENCE:- Affidavit evidence used in previous proceedings - Whether can be relied on in subsequent proceedings.

EVIDENCE:- Proof - Co-ownership of property - How proved.

EVIDENCE:- Exhibits admitted in evidence and marked - Effect.

ABU V. KUYABANA

EVIDENCE:- Unregistered registrable instrument - Principles governing admissbility of same.

ABUAH V. QUEEN

EVIDENCE:- Evidence of Co-accused - Incriminating evidence - Whether amounts to corroboration required in law - Whether safe to convict on the evidence of a co-accused person without corrob­oration.

ABUGHOR ABGYULUWA & OTHERS V.  THE COP

EVIDENCE: Criminal proceedings - Trial Court - Effect of not considering the defence of accused persons – Effect of failure of accused to call witness to substantiate defence of alibi

ACB  PLC V. EMOSTRADE LTD

EVIDENCE: Evidence that was not pleaded – How treated by court

EVIDENCE:- Presumptions - Presumption of law that the record of proceedings in a case is deemed to be correct – Duty of appellate court where there has been no application to rectify any inaccuracy in it

ACHIAKPA V. NDUKA

EVIDENCE:- Estoppel per rem judicatam - Estoppel and estoppel per rem judicatam - Distinction between Native court - jurisdiction of

ADAMU  V. STATE

EVIDENCE:- Evaluation of evidence - Duty on trial court to consider and evaluate all evidence before it

ADDO V. THE STATE

EVIDENCE:- MEDICAL EVIDENCE: Whether medical evidence is always essential to prove cause of death

EVIDENCE:- CONTRADICTION IN EVIDENCE:- Witness testimonies – Mix-up in surname of deceased person – whether material contradiction 

ADE BELLO V. INSPECTOR-GENERAL OF POLICE

EVIDENCE:- Onus of proof in criminal cases - Where lies.

ADEBANJO AND OTHERS V. OLOWOSOGA AND OTHERS 1

EVIDENCE:- Declaration of Title - Onus of proof - Section 135 of Evidence Act - Rejection of Evidence by trial court - Section 226(2) Evidence Act.

ADEBANJO OLAYINKA V. ADEBOLA ADEPARUSI & ANOR

EVIDENCE:- TYPES OF ESTOPPEL:- Ways in which estoppel can be created

ADEBAYO  V. IGHODALO

EVIDENCE:- Proof - Contradiction in evidence called by a party - Effect.

ADEBAYO V. STATE(CA)

EVIDENCE:- Accomplices - Corroboration - Accomplice or victim.

ADEBUSUYI  V. BABATUNDE ODUYOYE

EVIDENCE: - Estoppel - Estoppel by record – Relevant considerations – When inapplicable

ADECENTRO (NIGERIA) LIMITED V. COUNCIL OF OBAFEMI AWOLOWO UNIVERSITY

EVIDENCE:- DOCUMENT - Documentary EVIDENCE:- Written agreement - Rule that extrinsic evidence will not be allowed to vary written agreement - Exception thereto - Section 132(1)(c) & (d), Evidence Act

EVIDENCE:- Documentary EVIDENCE:- Written agreement - Rule that extrinsic evidence will not be allowed to vary written agreement - Exception thereto - Section 132(1)(c) & (d), Evidence Act.

ADEDEJI V. OLOSO

EVIDENCE:- Proof - Admitted fact - Whether requires any proof

EVIDENCE:- Proof - Burden of proof- Fact that ownership of properly proved to be in a party has been divested - Burden of proof of - On Whom lies

EVIDENCE:- Land disputes - Proof -  Burden of proof - Where opposing party establishes root of title from agreed original owner - Burden of proof on opposing party.

EVIDENCE:- Proof - Burden of proof in civil cases - On whom lies.

ADEGOKE V. ADIBI

EVIDENCE:- Onus of showing the area or extent of land in a title to land case – On whom lies - Onus in Civil and Criminal cases compared.

ADEJUMO V. GOVERNOR OF LAGOS STATE

EVIDENCE:- Document-Objection to the use of document should be taken when all facts are put before the Court and not at the preliminary stage.

ADEKANBI V. AG (WN)

EVIDENCE:- Admissibility - Power of court to disallow evidence -Relevant consideration.

EVIDENCE:- Confessional statement - Voluntariness of - Burden of proof - Where it lies - Sections 27(2) and 139(1)(a), Evidence Act.

ADELAJA V. ALADE(CA

EVIDENCE:- Admissions ‑ Admission of fact during examination – Defendant admitting fact under examination in chief, but denying it under cross examination ‑ What court should do in the circumstance

EVIDENCE:- Proof‑ Prima facie evidence of title ‑ Section 48 of Cap .54 Laws of Oyo State, 1978 ‑ What constitutes.

EVIDENCE:- Rule that preponderance of probability may constitute sufficient ground for verdict ‑ Section 137 (1) Evidence Act ‑ Relationship between.

EVIDENCE Section 130 Evidence Act ‑ Effect on deeds ‑ How construed.

ADELAJA V. ALADE

EVIDENCE:- Proof - Due execution of land instruments - When unnecessary - Sections 18 and 31 of the Land Instruments Registration Law of Oyo State considered.

ADELEKE V.  ASERIFA

EVIDENCE:- Cross-examination - Purpose of - Facts obtained contradicting earlier statement of witness - Effect on credibility of witness.

ADELUMOLA V. THE STATE

EVIDENCE:- Witness - Power of trial court to assess credibility of - Factors to be considered in assessing - Sufficiency and quantum of proof - Murder of witnesses acceded to establish a case - Conviction on “oath against oath” - Validity of - Extra judicial Statements - Evidential value of.

ADEMESO V. OKORO

ACTION – EVIDENCE:- Affidavit evidence – Pre-trial proceedings - Declaration of an intention to amend pleadings at trial– Whether amounts to an amendment of the pleadings – Need for court to hold parties to averments in their pleadings before the court

EVIDENCE:- Plaintiff is bound by the case he put forward in his pleadings – Application and justification of principle – Audi alteram partem - whether any evidence which is at variance with the averment of party’s pleadings goes to no issue and should be disregarded by the court – whether one of the objects of pleadings is to settle the issues to be tried so that no party is taken by surprise and thereby ensure the fairness of the trial – duty of a plaintiff to call evidence to support his pleadings – Whether trial courts are equally bound by the pleadings and the issues raised by and in those pleadings - duty of court to disregard or not to admit evidence adduced which is in fact contrary to pleadings of a party

ADENE  AND ORS. V. DANTUNBU

EVIDENCE:- urban area - whether a land falls within area so designated- how determined -looking at a map or plan or through evidence of a surveyor.

ADENIGBA AFOLAYAN  V. JOSHUA OGUNRINDE

EVIDENCE:- Proof of Chieftaincy title - Inference from Family title and name - Propriety of.

ADENIRAN  V. ALAO

EVIDENCE:- Presumptions - Presumption of withholding of evidence - Section 149(1) of the Evidence Act - When will be invoked.

EVIDENCE:- Proof - Declaration of title to land - Party claiming - Onus on to succeed on the strength of his case and not on the weakness of the defence.

EVIDENCE:- Proof- Title to land - Proof by production of document - Trite purport of the requirement - Whether requires both authentication and execution at same time - Idundun V. Okumagba (1976) 9-10 SC 227 explained.

ADEPATE V. BABATUNDE AND ANOR.

EVIDENCE:– Party making an allegation – burden on party to prove same

ADEPETU  V. THE STATE

EVIDENCE:- Circumstantial EVIDENCE:- Findings of fact based oil -Proper course open to trial court after making.

EVIDENCE:- Circumstantial EVIDENCE:- Nature and quality of to ground conviction - Dint V. on court in acting on same - Relevant considerations - Udedibia V. State (1976) 11 SC 133; Ukorah V. State (1977) 4 SC 167 followed and applied; Igho V. State (1978) 3 SC 87 distinguished.

ADEPOJU V. OKE

EVIDENCE:- Proof - Boundary of land in dispute- Proof of - Where plaintiff tenders survey plan and same admitted - Absence of counter-plan and objection by defendant - Whether defendant can claim boundaries of land not proved.

ADEREMI ADEDAMOLA AJIDAHUN  V. MRS. DAPHINE OTERI AJIDAHUN

EVIDENCE – Uncontroverted and unchallenged evidence – Duty of court thereto

EVIDENCE:- AVERMENT:- Averment that party  was not properly and duly served with the petition at a place where he was living or at his last known place of abode – Claim that party was out of the country at time of substituted service of writs – How proved – Whether presentation of international travel document is necessary

ADEREMI V. THE STATE

EVIDENCE:- Hostile witness - Use of previous statements at the trial.

ADESANYA  V. ADERONMU

EVIDENCE – Admissibility of an unregistered instrument

ADESANYA  V.  OTUEWU

EVIDENCE:- Documentary EVIDENCE:- Receipt evidencing payment fin- land purchased - When will be admissible in EVIDENCE:- Whether affects validity of transaction.

EVIDENCE:- Documentary EVIDENCE:- Receipt of money for land bought - Nature of in evidence -Section 16. Land Instruments Registration Law of Ogun State considered.

ADETOKUNBO  OGUNTOLU V. THE STATE

EVIDENCE:- Murder - Medical evidence of cause of death - Whether indispensable in all cases - When will not be required to prove cause of death.

ADETOLA V. THE STATE

EVIDENCE:- Alibi -Accused raising two conflicting alibis -Whether prosecution bound to investigate in such circumstance

EVIDENCE:- Proof -Contradictions in evidence of prosecution witness - Whether all contradictions will vitiate conviction - Relevant consideration

EVIDENCE:- Murder - Proof of - Burden on prosecution - How discharged.

ADEWUNMI AND OTHERS V. OSIBANJO AND OTHERS

EVIDENCE:- Withholding Evidence - Section 148(d), Evidence Act - Presumption of facts against party withholding evidence.

ADEYE  V. ADESANYA

EVIDENCE:- Admissions - Admission in pleadings - Defendant admitting in statement of defence fact pleaded in statement of claim - Whether can retract admission.

EVIDENCE:- Admissions - Fact admitted - How treated - Whether needs further proof- Party who admitted the existence of a fact - Whether can subsequently retract same.

ADEYEMI  V. LAN AND BAKER (NIGERIA) LTD

EVIDENCE:- Effect on unchallenged evidence adduced at trial of suit

ADEYEMI  V. STATE

EVIDENCE:- Admission - Facts admitted not amounting to confession - Effect thereof.

EVIDENCE -Admission - Facts not within knowledge of party admitting - How treated.

EVIDENCE:- Confession - Relevant considerations.

EVIDENCE:- Proof - Standard of proof - Misdirection by court - Effect.

ADEYEMI V. BAMIDELE

EVIDENCE:- Character of evidence required to prove customary law practice – When deemed proved – Unchallenged evidence which was not disbelieved by the Court – Legal effect

ADIE V. STATE

EVIDENCE:- Circumstantial Evidence - Unresolved conflict between doctor’s evidence and medical report as to whether deceased’s injuries accidental or caused by blow – Effect

ADIGUN V. THE STATE

EVIDENCE:- Confessional statement - Voluntariness conviction on.

ADIKE  V. OBIARERI

EVIDENCE:– Section 149(d) Evidence Act – presumption relating to withholding evidence thereunder.

EVIDENCE:–Admitted facts – effect of.

EVIDENCE:– Oral evidence – whether admissible to add to the contents of a written document – exceptions thereto.

ADIKWU V. NWOGU

EVIDENCE:- Claim to land - Doctrine of estoppel by conduct - Import.

EVIDENCE:- Evidence Act - Section 33(c) - When invoked.

ADIMORA V. AJUFO

EVIDENCE:- Evidence contrary to pleadings - Effect.

ADIO AND ANOR. V. THE STATE

EVIDENCE:- Circumstantial EVIDENCE:- How it can establish guilt in criminal trial.

EVIDENCE:- Proof beyond reasonable doubt - When is it established?

EVIDENCE:- Proof- Confession - When it is conclusive of criminal liability.

ADOMBA AND OTHERS V. ODIESE AND OTHERS

EVIDENCE – PREVIOUS SUIT:- Previous suit which was struck out or withdrawn and so did not result in a judgment or decree – Whether insufficient ground for setting up the defence of estoppel – Whether has any evidential value and thus admissible in subsequent proceedings – How treated

EVIDENCE:- ESTOPPEL:-Doctrine of estoppel per rem judicatam  - Conditions precedent before it can operate – Need to show that the parties, issues, and subject matter were the same in the previous action as those in the action in which the pleas is raised

AFEAUGBO V. IGWE AND ORS

EVIDENCE:- Admissibility in evidence of unregistered document to show exercise of action of ownership - Legislation. - s.15 of Land Registration Ordinance cap.. 99.

AFISI V.  LAWAL

EVIDENCE:- Estoppel per rem judicatam - Conditions for successful plea of.

AFRICAN CONTINENTAL BANK  LTD V. GWAGWADA(CA)

EVIDENCE:- Admissibility - Evidence in a previous proceeding - Person using evidence to prove a fact in previous judicial proceeding-Whether such evidence can be used against that person in subsequent proceeding.

AFRICAN CONTINENTAL BANK LTD. V. ALHAJI UMARU GWAGWADA

EVIDENCE:- ADMISSION: What must the court take into account in considering the worth of an admission?

EVIDENCE:- ADMISSIBILITY OF EVIDENCE: Whether a averment in a pleading that the other party is indebted to the plaintiff for a specific amount and an affidavit to the contrary by the other party is admissibility as evidence to be considered by the court

EVIDENCE:- ADMISSIBILITY OF EVIDENCE: Condition precedent to the admissibility of evidence

AFRICAN CONTINENTAL BANK PLC V. BENEDICT O. NBISIKE

EVIDENCE:- BURDEN OF PROOF: Whether a plaintiff when proving his case on its strength is entitled to take advantage of any evidence adduced by the defence

AFRICAN CONTINENTAL BANK PLC. V.  VICTOR NDOMA-EGBA

EVIDENCE:- Signatures or handwriting - Power of trial Judge to make  comparison of without expert opinion - Limit thereto

AFRICAN PRESS LTD V. ATTORNEY-GENERAL, WESTERN NIGERIA

EVIDENCE:- Minister’s refusal to produce documents - Subpoena if vague or Frivolous - Punishment for disclosure of evidence taken in private.

AFRICAN PRODUCE SALES CO. LTD V. AYO

EVIDENCE:- No evidence of breach of bond - Liability of bondsman - Claim as to payment of interest - Not granted

AGAGARAGA  V. THE FEDERAL REPUBLIC OF NIGERIA

EVIDENCE:- Proof of crime - Dealing in Indian Hemp without lawful authority - Duty on prosecution to prove that substance was not tampered with - Where not proved- Effect.

EVIDENCE:- Proof of crime - Dealing in Indian Hemp without lawful authority - Proof of - Onus on prosecution ~ Need to establish that substance found is Indian Hemp - Section 10( c), National Drug Law Enforcement Agency Act.

AGANA V. EZEOKE

EVIDENCE:- Res judicata - Applicability.

EVIDENCE:- Proof - Declaration of title to land - Proof of identity of the land - Onus on plaintiff.

AGBABIAKA  V. SAIBU

EVIDENCE:- Proof- Customary lane - How proved - Judicial notice thereof - When it will be taken .

AGBAHOMOVO V. EDUYEGBE

EVIDENCE:- document - admissibility - depends on purpose for which it is being tendered - test to be applied in considering admissibility is relevance only - same principle applies in civil and criminal cases.

EVIDENCE:- wrongful exclusion of EVIDENCE:- tantamounts to violation of right of fair hearing.

AGBAI V.  OKOGBUE

EVIDENCE:- Existence of custom - Burden of proof - On whom lies.

AGBAISI  V. EBIKOREFE

EVIDENCE:- Document not tendered as exhibit - Whether court can look at.

EVIDENCE:- Documents - Plan of land in dispute - Where amended - Original plan or pleading - Usefulness of - Whether court can look at.

AGBEYEGBE V. SEISMOGRAPH SERVICES (NIG.) LTD

EVIDENCE:- Trial Judge - Failure to make proper evaluation of evidence - Effect - Failure to take advantage of having seen witnesses testify Effect.

AGBI  V. OGBEH (CA)

EVIDENCE – Inadmissible evidence – whether can be admitted by discretion of court.

EVIDENCE – Certificate of conviction – when and how to tender same - Section 225(2) of the Evidence Act Cap. 112 Laws of the Federation of Nigeria 1990 considered thereunder.

AGBI  V. OGBEH (SC)

EVIDENCE:- Appraising and ascribing probative value to evidence  - Role of trial Judge and limits of appellate Courts.

EVIDENCE:- Credible evidence:- Meaning of.

EVIDENCE:- Inadmissible evidence forming part of the records of a Court of trial - Treatment of

EVIDENCE:- Proof- Standard of proof placed on a Plaintiff

EVIDENCE:- Witness testimony- Evaluation of.

AGBOJE V. QUEEN

EVIDENCE:- Admissibility - Deposition of witness - S.34 (1) Evidence Act - Duty of trial court to adhere thereto – When failure to adhere to same is deemed not to have occasioned miscarriage of justice

AGBOMEJI  V. BAKARE

EVIDENCE:- Proof - Grant or allocation of family land to family member- How proved.

AGBONIFO V. AIWEREOBA AND ANOTHER

EVIDENCE:- Presumptions – Conflicting Presumptions – Effect of – Ss, 122, 148(d) Evidence Act – Documentary evidence – Tampering with and forging of documents – Difference between.

AGBOOLA V.  SAIBU

EVIDENCE – AFFIDAVIT EVIDENCE:- Averments not disputed or traversed via a counter-affidavit – Whether admitted and not in controversy or in dispute

AGEDEGUDU V. AJENIFUJA

EVIDENCE:- Native law and custom - How established.

EVIDENCE:- Native law and custom - When evidence not required in proof of.

AGERA V. QUEEN

EVIDENCE:- Admission - Murder - Admission by accused - Effect on unre­liable identification.

AGHADIUNO  V. OFOEDU

EVIDENCE – Evidence of parties – necessary procedure required of a trial court in assessing same.

EVIDENCE – Testimonies of witnesses – need for same to be candid and consistent.

AGHALUWHE V. QUEEN

EVIDENCE: Defence of insanity – How proved - Onus on accused.

AGIH V. L.E. EJINKEONYE  AND BROS TRANSPORT LTD

EVIDENCE:- Proof‑ Allegation of crime ‑ Standard of proof required ‑ S. 137(1) Evidence Act considered.

EVIDENCE:- Proof Burden of proving particular fact ‑ On whom lies.

EVIDENCE:- Witnesses ‑ Civil matters ‑ Number of witnesess required in proof there of

AGINA V.  AGINA

EVIDENCE:- PLEADINGS:- Objects of pleadings – Need to settle/define the issues to be tried and to prevent one party from taking the other by surprise – Rule that court will not allow a party to raise an issue which is not pleaded – Rule that evidence on a matter not pleaded goes to no issue and should not be allowed to be given and, where given, such evidence must be ignored or disregarded by the trial court as going to no issue – Bounden duty of a trial judge, in deciding a case, to keep strictly to the pleadings of the parties and the issues joined and not stray, even when the interest of justice so demands, from the pleadings

AGOCHUKWU V. NWOSU

EVIDENCE:- Res judicata - Decision of native court- Whether binding on parties.

AGOMUO V.  AGIJWA

EVIDENCE:- Proof‑ Onus of proof in civil cases ‑ On whom lies ‑ How discharged.

EVIDENCE:- Proof ‑ Proof of custom ‑ How done.

AGU  V. IKEWEBE

EVIDENCE – When the principle of res judicata applies – Relevant considerations

EVIDENCE:- Burden of proof – Where party sets up the existence of a valid arbitral decision as ground for pleading res judicata - Onus of proving validity of the claimed arbitration – On whom lies

AGUNWA V. ONUKWUE

EVIDENCE:- Res judicata - Where not applicable.

AGWUNEDU  V. ONWUMERE

EVIDENCE:- Documentary EVIDENCE:- Agreement evidencing sale of land - Whether qualifies as an instrument under the Land Instruments Registration Law of Eastern Nigeria - Where not registered thereunder - When admissible.

EVIDENCE:- Proof - Onus of proof in civil cases - On whom-lies - Failure to discharge - Effort.

AHMADU MAKUN & ORS. V. FEDERAL UNIVERSITY OF TECHNOLOGY, MINNA

EVIDENCE:- ESTOPPEL PER REM JUDICATAM: Whether the plea of res judicata operates only against the parties

AHMED JAMILU SHABEWA & ANOR V. UMAR AHMED SULEMAN & ORS

EVIDENCE:- BURDEN OF PROOF: On whom lies the burden of proof in civil actions

AHUCHAOGU  V. UFOMBA

EVIDENCE – Custom - Burden of proof of - On whom lies - How discharged.

EVIDENCE:- Custom - Nature of evidence in support of - Section 14 of the Evidence Act applied.

EVIDENCE:- Custom - Proof of - Whether mere assertion of existence of custom by a party sufficient.

AIGHOBAHI V. AIFUWA

EVIDENCE:- Whether a document prepared by a legal practitioner acting in instruction of an illiterate must comply with the Illiterates Protection Law.

AIGUOREGHIAN  V. THE STATE

EVIDENCE:- Admissibility of EVIDENCE:- Effect of plea of non est factum thereon.

EVIDENCE:- Admissibility of EVIDENCE:- Proper attitude of trial Court when accused person denies a statement sought to be tendered as his.

AINA ARUPE OBAWOLE AND ORS V. ADEKUNLE AGANGA OBAWOLE AND ORS

EVIDENCE:- Admissibility - Evidence in previous proceedings by deceased - Admissibility of -Condition precedent thereto -Section 34(1) Evidence Act.

EVIDENCE:- Admissibility - Statement made by deceased against interest - Admissibility of - Section 33(1)(c) of the Evidence Act

EVIDENCE:- Documentary EVIDENCE:- Evidence in previous proceedings by deceased - Admissibility of - Condition precedent thereto - Section 34(1) Evidence Act.

AIYEDOUN JULES SULE V. RAIMI AJANI

EVIDENCE:- Burden of proof in civil proceedings - Forgery - On whom lies – Whether on person who alleges same - Standard of proof thereof

EVIDENCE:- Admissibility under 5.30(2) of Lands Instruments Registration Law of Western Nigeria - Certified true copy issued pursuant to S.30(1) from certified true copy retained as prescribed by S.18(1) to (5) in land registry - Absence of thumb impressions of purported executants in both copies – Whether presumption of due execution of original document applies

AIYETORO COMMUNITY TRADING COMPANY LTD. & ANOR V. NIGERIAN AGRICULTURAL AND CO-OPERATIVE BANK LTD.

EVIDENCE:- BURDEN OF PROOF: Burden of proof in civil cases and on whom lies the burden

AJAOKUTA STEEL COMPANY LIMITED  V. CORPORATE IDEAL INSURERS LIMITED

EVIDENCE:– Record or act of a judicial body – Nature of evidence required to prove same.

AJEIGBE V. ODEDINA

EVIDENCE:- Onus of prove - Persons in possession, persons not in possession - How title proved. Estoppel - Estoppel per rem judicatam - Judgment against purchaser’s vendor - Whether binding on purchaser - Effect of purchase prior to commencement of action relied on - Effect on the general rule - Evidence in rebuttal - When justifiable.

AJEIGBE V. ODEDINA AND OTHERS

EVIDENCE:- Onus of prove - Persons in possession, persons not in possession - How title proved. Estoppel - Estoppel per rem judicatam - Judgment against purchaser’s vendor - Whether binding on purchaser - Effect of purchase prior to commencement of action relied on - Effect on the general rule - Evidence in rebuttal - When justifiable.

AJERO V. UGORJI

EVIDENCE:- Averment in pleading trot proved by evidence - How treated.

EVIDENCE:- Burden of proof’- Where case undefended - How discharged.

AJIA  V. THE NIGERIAN ARMY

EVIDENCE – Burden of proof in criminal matters – Burden on prosecution to prove and establish a criminal charge beyond reasonable doubt.

AJIBONA  V. KOLAWOLE

EVIDENCE:- Declaration of title -What plaintiff must prove -Whether defendant has any duty.

AJIBOYE  V. ISHOLA

EVIDENCE:- Evaluation of EVIDENCE:- Duty of trial Court therein.

AJIDAHUN  V. AJIDAHUN

EVIDENCE:– Uncontroverted and unchallenged evidence – Duty of court thereto

EVIDENCE - AVERMENT:- Averment that party  was not properly and duly served with the petition at a place where he was living or at his last known place of abode – Claim that party was out of the country at time of substituted service of writs – How proved – Whether presentation of international travel document is necessary

AJIDE V. KELANI

EVIDENCE:- Admissions - Whether admissible in absence of pleadings - Requirement that only facts and not evidence be pleaded - Evidence of witness in previous proceedings - Admissibility in subsequent proceedings to discredit witness - Requirement that witness attention first be drawn to parts intended to be used to contradict him - Admission of plaintiff in previous proceedings relied on by defendant - Failure of defendant to plead previous pleadings – Whether deemed as insufficient foundation laid for admission of previous pleadings.

AJIFERUKE V. AKERELE

EVIDENCE:- Document - Duplicate of - Admissibility of

AJIJOLA AND ANOTHER V. THE STATE

EVIDENCE:– Admission of Evidence given at a preliminary inquiry – Statutory requirement governing same – Where not complied with – Effect   

AJUWA V. ODILI

EVIDENCE:- Previous judgment of court of co-ordinate jurisdiction - Evidential value.

AKALEZI  V. THE STATE

EVIDENCE:- Proof - Whether particular number of witnesses required in proof of any fact - Onus of proof- On whom lies the onus of proof.

AKANDE V. ALAGBE

EVIDENCE:- Estoppel - Estoppel per res judicatam - Mien plea stay avail - Bona fide purchaser without notice interest acquired prior to suits -Applicability of res judicata to - Witnesses - Calling of witness by judge suo motu without consent -Regularity - Burden of proof - Ownership - Owner in possession - Section 145, Evidence Act - Defendants onus.

AKANJI SOMORIN & ORS V. OBA NURUDEEN ADEKANBI & ORS

EVIDENCE:- BURDEN OF PROOF: On whom lies the burden of proof

AKANO  V. OLUKU

EVIDENCE:– Burden of proof – action for declaration of title to land – on whom lies the burden of proof.

AKIBU  V. ODUNTAN

EVIDENCE:- Presumptions - Valid judgment of court - Presumption raised in respect of.

AKINBI V. MILITARY GOVERNOR, ONDO STATE

EVIDENCE:- Facts not pleaded ‑ Evidence led thereon ‑ How treated

 

AKINBISADE  V. THE STATE

EVIDENCE:- Circumstantial EVIDENCE:- Nature of - When can support a conviction.

EVIDENCE:- Circumstantial EVIDENCE:- Whether can be raised on speculation or suspicion.

EVIDENCE:- Documentary EVIDENCE:- Ways of proving that a document is uttered.

AKINBOWALE V. ARENAN

INTERPRETATION OF STATUTE - EVIDENCE:- Admissibility of documents under Section 90, Evidence Act - Need to satisfy conditions thereunder.

INTERPRETATION OF STATUTE - EVIDENCE:- Documents used only for refreshing memory at common law - Admissibility of such under the Evidence Act - Sections 90 and 91.

AKINDE  V. ADELUSOLA

EVIDENCE:- Section 46 of the Evidence Act - Acts showing effective possession and enjoyment of land - Effect of.

AKINKUNMI  V. SADIQ

EVIDENCE:- Burden of proof - Burden of proof in civil cases - Evidential burden - When it may shift - When it Will not.

EVIDENCE:- Burden of proof - Burden of proof in civil cases - On whom lies.

EVIDENCE:- Estoppel - Estoppel by record - Types of.

AKINKUNMI AND OTHERS V. THE STATE

EVIDENCE:- Circumstantial EVIDENCE:- Nature of - Escaping from lawful arrest - Whether common purpose was murder or escaping from lawful arrest - Ingredients of common purpose under S.8 Criminal Code.

AKINOLA & ORS. V. OLUWO & ORS.

EVIDENCE:- Burden of Proof - Plaintiff’s Burden- When Plaintiff may rely on weakness of Defence.

AKINOLA OLATUNBOSUN V. THE STATE

EVIDENCE:- CONFESSIONAL STATEMENT:-  Section 27(1) of the Evidence Act – Meaning of confession – Whether a confession becomes relevant when it establishes one or all the elements of the crime charged and identifies the Person who committed the offence 

AKINTOLA AND ANOR.  V. SOLANO

EVIDENCE:-  Declaration of title to land – Where Plaintiff establishes by evidence facts which would justify the Court to  grant his claim if the evidence are uncontradicted – Duty of the defendant to defeat the plaintiff’s claim by establishing on his part facts which are sufficient to discredit the plaintiff's evidence – Where evidence adduced by the defendant is not strong enough to achieve that end  - Whether the plaintiff is entitled to take benefits of weakness of defence’s case in strengthening his own

AKINTOLA V.  LASUPO

EVIDENCE:- Onus of proving a better title to land – Where there is a claim and counter-claim - Whether court can put the onus of proving the separate claims on each of the parties asserting same – How treated

AKINTOLA V. ANYIAM

EVIDENCE: Section 148(d) of the Evidence Ordinance, Cap. 62 of the Laws of the Federation of Nigeria and Lagos, 1958 – Adverse presumption against a party raises a presumption adverse to the defendant’s omission to call the young man as a witness.

AKINWALE  V. AMODU

EVIDENCE:- Fresh evidence on appeal - When appellate court will allow adduction of - Relevant considerations.

AKINWALE V. QUEEN

EVIDENCE:- Confession - Retracted confession - Conviction based on - Whether proper.

EVIDENCE:- Corroboration - Confessional statement - When it will be sufficient to ground conviction.

AKINWE VICTOR ADESULE V. AKINFOLARIN MAYOWA S. & ORS

EVIDENCE- CROSS-EXAMINATION: The effect of failure to cross examine a witness on a particular matter

AKIO ABEY & ORS. V. CHIEF ALHAJI IBRAHIM FUBARA ALEX & ORS

EVIDENCE:- BURDEN OF PROOF: On whom lies the burden of proof

AKOLU V. QUEEN

EVIDENCE:- Burden of proof in criminal cases – Onus - On onus lies - How discharged.

AKPABIO  V. THE STATE

EVIDENCE:- Admissibility - Wrongful rejection of admissible evidence by trial court - Effect on appeal - When fatal -When notfatal -Section 226 Evidence Act construed

EVIDENCE:- Evaluation of evidence - Duty on trial court in respect thereof

EVIDENCE:- Extra-judicial statement - Application for production of - Applica­tion to tender - Distinction between - Importance of the distinction

AKPAN  V. STATE

EVIDENCE:- Contradiction in evidence-Discrepancy in evidence - Meanings and distinction between

EVIDENCE:- Contradiction in evidence - Meaning of

EVIDENCE:- Proof - Failure of prosecution to call vital witness - When to call vital witness - What defence must do.

EVIDENCE:- Proof of crime - Witnesses named in proof of EVIDENCE:- Whether prosecution obliged to call all - Relevant consideration.

AKPAN  V. UDO UTIN

EVIDENCE:- Estoppel-Estoppel per rem judicatam - “Parties” in relation thereto - Meaning Of

EVIDENCE:- Evaluation of Evidence - Duty of trial court in respect thereof - Failure to assess or evaluate evidence on ground that it is weak - Effect.

AKPAN V. STATE

EVIDENCE:- Admissibility - Confessional statement - Denial or retraction of at trial by accused - Whether fact thereof renders it inadmissible - Relevant consideration.

EVIDENCE:- Admissibility - Confessional statement - When and how challenged by accused person.

EVIDENCE:- Confessional statement - When and how challenged by accused person - Whether admissibility thereof can be challenged on appeal.

AKPAN V. THE STATE

CRIMINAL LAW AND PROCEDURE: - EVIDENCE:- Statement admissible both as a dying declaration and as part of the res gestae – When given by a 12 year old – Whether requires corroboration – Whether evidence of dying declaration can be corroboration of the boy’s evidence – Effect

AKPASUBI V. UMWENI

EVIDENCE:- Evidence of a witness discredited and rejected by trial court – Where not challenged on appeal – Whether that is the end of that evidence for ever

AKPODIKE V.  NWABUEZE

EVIDENCE:– Admitted fact – whether evidence should be led to establish same.

EVIDENCE:– Traditional history – conflicting evidence of same – how resolved.

AKUMOJU V. AKANO MOSADOLORUN

EVIDENCE:- Proof - lpse dixit of counsel not borne out by the record of appeal - Effect.

AKUNYILI  V. EJIDIKE

EVIDENCE:- Declaration of title to land - Evidence of acts of possession and ownership - Whether capable of granting claim for declaration of title - Relevant consideration.

EVIDENCE:- Proof - Declaration of title to land- Onus of proof on plaintiff - How discharged - Relevant considerations.

ALABI  V. STATE

EVIDENCE:- Identification Evidence - Identity of accused - Where case for prosecution substantially based on correct identification of accused - Accused alleging mistaken identity - Attitude of court thereto - Need for caution.

EVIDENCE:- Identification Evidence - Identity of accused - Where in issue - How proved - Proper procedure for so doing

EVIDENCE:- Identification parade - Meaning of.

ALADE V. ABORISHADE

EVIDENCE. - Evidence given in previous cases - Acceptability as evidence in later case - Use of in cross-examination as to credit – Application of Section 34(1), Evidence Ordinance

EVIDENCE:- Plea of acquiescence - Onus on person asserting.

EVIDENCE:- Previous judgment and the plea of res judicata.

ALADE V. AWO

EVIDENCE:- Traditional evidence no more than hearsay EVIDENCE:- Nature of evidence required to establish title to land.

ALADE V. PAYNE

EVIDENCE:- Evidence in previous case - Judge taking same into account - Whether proper.

ALADEGBEMI V. FASANMADE

EVIDENCE:- Admissibility - Certified true copy of judgments - Public documents - Oral evidence in proof of contents - Whether permissible admissions.

ALAHASSAN & ANOR V. MR. DARIUS DICKSON ISHAKU & ORS

EVIDENCE:- Admissibility - Certified true copy of judgments - Public documents - Oral evidence in proof of contents - Whether permissible admissions.

ALAKE V. STATE

EVIDENCE:- Circumstantial evidence in proof of crime - Requirement of to ground conviction.

EVIDENCE:- Proof- Forgery of signature -Whether prosecution must call person whose signature is alleged to be forged as witness.

EVIDENCE:- Proof - Inducing delivery of money - Need to establish act of misrepresentation.

ALAN FEMI LANA V. THE UNIVERSITY OF IBADAN

EVIDENCE:- Admissibility - Admitted inadmissible EVIDENCE:- Duty of court.

ALAO V. ISSA AKANO

EVIDENCE – DOCUMENT:- Draft White Paper of a State Government – recommendation letter of a Deputy Governor based on the draft white paper – whether inadmissible as evidence of the proof of the contents thereof even where there was no objection or even where the parties consent to its admission

EVIDENCE:- DOCUMENT - Admissibility of documentary EVIDENCE:- Document declared inadmissible by law - Whether court can admit same by consent or without objection - Need for oral evidence to support documentary evidence.

EVIDENCE:- Proof - Fact pleaded on which no evidence is led - How treated – Proof - Onus of proof in civil cases - Need to relate to issues raised in pleadings of parties- Standard of proof required - What determines.

ALAO V. AKANO

EVIDENCE:- Res Judicata - Plea of - Where cause of action had been subject of many suits in court - Parties same.

ALAWIYE  V. OGUNSANYA

EVIDENCE – Burden of proving ingredients of defamation – on whom lies.

ALAYA V. AKINDURO

EVIDENCE:- Admissibility - Unregistered registrable instrument or document - Admissibility of - Use to which it can be put - Principles governing.

ALBERT AFEGBAI V.  ATTORNEY-GENERAL EDO STATE

EVIDENCE:– Burden of proof – burden on party setting up false representation to prove same.

ALBERT IGBINE V. THE STATE

EVIDENCE:- Corroboration - Corroborative EVIDENCE:- What amounts to - Nature of - Whether can proceed from the defence.

EVIDENCE:- Corroboration - Unsworn evidence of a child - Whether can corroborate Unsworn evidence of another child.

 ALESE V. SAROMI

EVIDENCE:- Affidavit - Absence of counter-affidavit - Effect.

ALEWO ABOGEDO V.  THE STATE

EVIDENCE:- Whether evidence of one witness is capable of grounding conviction

ALFA MURITALA AMOO V. WAHABI ADERIBIGBE

EVIDENCE:- Documentary EVIDENCE:- Title documents- Proof of due execution- Presumption raised- Application of Section 123, Evidence Act.

ALFOTRIN LIMITED  V. THE ATTORNEY-GENERAL OF THE FEDERATION

EVIDENCE:- Unchallenged EVIDENCE:- Treatment of.

ALFRED ELIJAH & ANOR V. THE STATE

EVIDENCE:- STARE DECISIS: Purport of the doctrine of stare decisis

ALFRED USIOBAIFO  V. CHRISTOPHER USIOBAIFO

EVIDENCE – CONTRADICTIONS:- Contradictions in evidence of witnesses – Whether can only avail the opposite party where they are material, substantial and affect the live issues in the matter, to the extent that they affect the fortunes of the appeal in favour of the party raising the issue

ALH. BADAMASI KABIR & ANOR V. ACTION CONGRESS (AC) & ORS.

EVIDENCE:- BURDEN OF PROOF: On whom rests the burden of proof in a claim before the Court

ALH. WADA V. CHIEF ALKALI

EVIDENCE:- Burden of Proof.

ALHADJI A.W.ELIAS V. OLAYEMI DISU

EVIDENCE:- Burden of proof issue of consent Court unable to resolve conflict of evidence in terms of credibility of parties and witnesses onus of proving that they did not consent on the plaintiff’s - Does not shift to the defendants - Competence of Witnesses - Plaintiff in suit gives no evidence at trial called as witness for the defence - No objection No subpoena issue - Plaintiff, a competent witness for the defence.

ALHAJI ABDULKADIR DAN MAINAGGE V. ALHAJI ABDULKADIR SHAKU GWAMNA

EVIDENCE:- Evaluation of evidence by trial Court - When appellate court will interfere.

EVIDENCE:- Uncontradicted EVIDENCE:- Treatment of.

ALHAJI ABDULLAHI ATANDA KOLAWOLE V. ALHAJI SALAMI ADISA OLORI

EVIDENCE:- BURDEN OF PROOF: On whom rests the burden of proof

ALHAJI ABDULLAHI DAIDO AND MADUNKA INTERNATIONAL LTD V. ALHAJI SIKIRU USMAN

EVIDENCE:– Admission – admission of appellant – Whether conclusive in the circumstances of this case.

ALHAJI ABUBAKAR MOHAMMED GWARZO V. ALHAJI AMEEN SULEIMAN MOHAMMED & ANOR

EVIDENCE:- Burden of Proof: On whom lies the burden of proof

ALHAJI ADO IBRAHIM  & CO. LTD. & ANOR V. ELDESTEIN (NIG.) LIMITED

EVIDENCE:- Admissions - Types of - Formal and informal admissions - Effect and treatment of each.

EVIDENCE:- Proof - Unchallenged and uncontradicted EVIDENCE:- How treated.

ALHAJI AHMADU KUBAU V. MALLAM SHEHU RILWANU

EVIDENCE – DOCUMENTS:- Admissibility of documentary EVIDENCE:- Whether certified copies of public documents are the only admissible form of secondary EVIDENCE:- Distinction between documents which are admissible under certain circumstances and documents which are in any case not admissible

EVIDENCE:- SECONDARY EVIDENCE OF PUBLIC DOCUMENT:- Whether the only type of secondary evidence permissible is a certified true copy of the document and none other

ALHAJI AMINU JUBRILLAH ABDULLAHI & ORS V. MRS. CHRISTIANA IYABO ADETUTU

EVIDENCE:- VISIT TO A LOCUS IN QUO: - Purpose – When properly resorted to - where the inspection of a property which cannot be moved into court, either because it is land or property attached thereto, or because of the peculiar nature thereof is of material significance to the determination of the case before it – Need for the court to follow the procedures laid down in section 77 of the Evidence Act, which are substantially similar to sections 207 and 243 of the Criminal Procedure Act and the Criminal Procedure Code, respectively – Whether the purpose of a visit to the locus in quo is to clear doubts which might have arisen as a result of the conflicting evidence of both sides as to the existence or non existence of a state of facts relating to a physical object, and such a conflict can be resolved by visualizing the object, the res, the material thing, the scene of the incident of the property in issue – Whether where there exists conflicting evidence, it is permissible for the Learned Trial Judge to apply the courts' visual senses in aid of its sense of hearing by visiting the locus in quo to resolve the conflict

ALHAJI ASIFAT AKANBI V. GBEMISOYE OYEWALE & ANOR

EVIDENCE - EVALUATION OF EVIDENCE: Function of a trial Judge in the evaluation and ascription of evidence

ALHAJI BANMIDELE LAWAL AND UNION BANK OF NIGERIA

EVIDENCE:- waiver or estoppel - when it operates.

EVIDENCE:- Proof of averments in pleadings - How done - Whether a party must testify or call witnesses in order to discharge his duty in relation thereto

 

ALHAJI BUBA USMAN V.  MOHAMMED TAMINU GARKE

EVIDENCE:- Evaluation of EVIDENCE:- Duty on trial court with respect thereto - Need to consider case of both parties before reaching its decision - Whether same rule extends to appellate court - Rule in Mogaji V. Odofin (1978) 3 SC91-Application of

ALHAJI CHIEF PA. SULE JUBRIL & ORS V. AG OF EDO STATE

EVIDENCE:- RE EVALUATION OF EVIDENCE:- Whether appellate court can properly embark upon the re-evaluation of the evidence adduced before the lower court

ALHAJI ETIKO V. M. AROYEWUN (Deceased)

EVIDENCE:- Sections 90(1) and 129, Evidence Ordinance - Distinction be­tween.

EVIDENCE:- Statement in a document twenty years old - Presumption of truth - Section 129, Evidence Ordinance.

EVIDENCE:- Statement made by a person in a document - Admissibility of ­Section 90(1), Evidence Ordinance.

ALHAJI GANIYU OLAYIWOLA FAGBOHUN & ANOR V. MOMODU SABA IGANNA & ORS

EVIDENCE:- Estoppel - Where an issue has been decided by a court -  Whether Estoppel prevents the court from entertaining the same cause of action between the same parties or their privies previously determined by a court of competent jurisdiction - "Nemo debet bis vexani procadem causa" – Whether it would amount to a grave error and procedural mistake for the learned trial Judge to re-open an issue already decided by a court of competent jurisdiction

EVIDENCE:- Estoppel – Estoppel Per Rem Judicata – Ingredients and conditions for a successful plea - Distinction between Estoppel Res Judicata (based on cause of action) and Issue estoppel - Classification of estoppel under estoppel by judgment – Purpose – Operation of ‘Estoppel Res Judicata’ in preventing another suit founded on the same cause of action as the original suit -  Operation of  ‘Issue Estoppel’ in subsequent proceedings relating to different cause of action with – Whether only operates to prevent certain issues which were decided in the original action from arising for further consideration by the court

ALHAJI I.A ONIBUDO & ORS V. ALHAJI A.W AKIBU & ORS

EVIDENCE:- Judicial notice – Islamic Law -  Whether the High Court of Lagos State is permitted to take judicial notice of the tenets of Islamic Law – Requirement for same to be pleaded and expert advice adduced in support

ALHAJI IBRAHIM SHEKA V. ALHAJI UMARU BASHARI

EVIDENCE:- BURDEN OF PROOF:- Civil proceedings – Burden of proof – On whom rests - Whether defendant has any burden where he makes no counter claim

ALHAJI ISAH T. SOKWO V. JOSEPH DAKU KPONGBO & ORS

EVIDENCE:- BURDEN OF PROOF: how a plaintiff who asserts is expected to proof his case and when it will shift

 

ALHAJI LAWAL DARMA V. ALHAJI MAIWADA BATAGARAWA

EVIDENCE - ADMISSION: The effect where issue is not joined with respect to an allegation of fact in pleadings

ALHAJI LAWANI ATOYEBI & ANOR V. THE GOVERNOR OF OYO STATE & ORS

EVIDENCE:- Evaluation of evidence: What constitutes evaluation of evidence

ALHAJI MODU KIDAGUMA V. MALLAM GANA ABOJA

EVIDENCE:- BURDEN OF PROOF: On whom lies the burden of proving identity to land

ALHAJI MOHAMMED MMAMMAN V. FEDERAL REPUBLIC OF NIGERIA

EVIDENCE – CONFESSION - What is - When a confession is relevant and admissible - Whether court can convict on voluntary confession of an accused person

ALHAJI OTARU AND SONS LIMITED V. AUDU IDRIS AND OTHERS

EVIDENCE:- Proof - Burden of proof in civil cases- On whom lies - Failure to discharge - Effect.

EVIDENCE:- Proof- Evidence led on fact not pleaded - How treated- Where acted upon by trial court - Duty on appellate court.

ALHAJI RABIU NUNKU V. JOHN AYA & ANOR

PLEADINGS AND EVIDENCE:- Binding nature of pleadings - Whether trial court can reject any evidence which is contrary to parties’ pleadings - forms of evaluation of evidence

ALHAJI RAZAK ADENIYI AYILARA V. FEDERAL MINISTRY OF WORKS

EVIDENCE:- BURDEN OF PROOF: Whether the burden of proof placed on person asserting an allegation does not shift until he has proved his assertion

ALHAJI SAIBU YEKINI OTUN

 

ALHAJI SANNI SHAIBU V. J.O. BAKARE

EVIDENCE:- BURDEN OF PROOF: Where issue is joined on pleadings, on whom does the burden lies?

ALHAJI SARATU  ADELEKE V. SANUSI IYANDA

EVIDENCE – Proof – nature of required in civil matters – when a case will be decided on minimum of proof.

EVIDENCE – Uncontradicted – How treated.

ALHAJI SURAKATU I. AMIDA & ORS. V. TAIYE OSHOBOJA

EVIDENCE:- ESTOPPEL PER REM JUDICATAM: The basis of estoppel per rem judicatam

EVIDENCE:- ESTOPPEL PER REM JUDICATAM: Whether the fact that a plaintiff lost his claim for title to land in dispute will help the plaintiff in a subsequent suit

ALHAJI T. A. OGBORIEFON V. ISMAILA O. OGBORIEFON & ANOR.

EVIDENCE:- ADMISSIBILITY OF DOCUMENTS: Condition precedent for the admissibility of any book or manuscript recognized by natives as legal authority

ALHAJI YAKEEN OWONIKOKO & ORS V. ALHAJI ALIMI AROWOSAIYE

EVIDENCE:- ESTOPPEL: Whether any party who relies on the defence of estoppel in the High Court must specifically plead it

EVIDENCE:- ESTOPPEL PER REM JUDICATAM: Whether a judgment of court of competent jurisdiction can be relied upon in a subsequent litigation as estoppel per rem judicatam

ALI AND ANOTHER V. THE STATE

EVIDENCE:- Evidence of witnesses - Duty of trial court - Evaluation by appellate Court - Concurrent findings.

ALIBE  V. YARO

EVIDENCE:- Evaluation of evidence -Duty of trial court in respect thereof.

EVIDENCE:- Proof - Proceedings and judgments of court - How proved -Sections 96, 97 and 132(1) of Evidence Act.

EVIDENCE:- Proof of case - Duty on plaintiff to succeed on strength of own case and not on weakness of defendant’s case.

ALIYU  V. SODIPO

EVIDENCE:- Admissibility- Admissibility of survey plan tendered - What governs.

EVIDENCE:- Admissibility - Registrable instrument - Defective plan attached thereto - Whether instrument ipso facto inadmissible

ALL PROGRESSIVES CONGRESS V. PEOPLES DEMOCRATIC PARTY & ORS

EVIDENCE:- ISSUE ESTOPPEL: matters which will found an issue estoppel may be of law, fact, or mixed law and fact – limits of the doctrine - Effect thereof

EVIDENCE:- STANDARD OF PROOF IN AN ELECTION PETITION: Where crime is alleged - Standard of proof – onus of proof

EVIDENCE:- PROOF OF FORGERY OF DOCUMENT: Need to produce two documents where forgery is alleged

ALLI V. IKUSEBIALA

EVIDENCE:- Admissibility - Oral evidence of terms of written contract - Conveyance by family head executed in his own name and describing him as vendor, as seised in fee simple and as conveying as beneficial owner - Parties in fact contracting for sale of family land by family head - Oral evidence of family ownership and of vendors real contracting capacity rightly admitted

ALLIED BANK OF (NIG) LTD V. AKUBUEZE(CA)

EVIDENCE:- Admissibility - Documentary EVIDENCE:- Admissibility in EVIDENCE:- Whether document needs to be pleaded.

EVIDENCE:- Document - Where signed by a party - Bindingness of contents thereof on party who signed.

EVIDENCE:- Documentary EVIDENCE:- Admissibility of - Guides thereto.

AMADASUN V. COP

EVIDENCE:- Inadmissible evidence – How determined  - No case submission - Where such a submission is upheld – Whether it is appropriate to give reasons for it, if only to enable the prosecu­tion to consider exercising any right of appeal it may have – where submission is rejected – whether preferable that no reasons should be given

AMADI V. THOMAS APLIN

EVIDENCE:- Documents - Interpretation of

AMADI V. NWOSU

EVIDENCE - CROSS-EXAMINATION:- Where a party or his witness testify on a material fact and the other party fail to cross-examine thereto - Effect of - Whether the other party may be treated as not disputing the facts

EVIDENCE:- Cross-examination - Purposes of - Evidence led on a matter now pleaded - Treatment Of

AMADI V. ORISAKWE AND ORS.

EVIDENCE:- Execution of document - Issue relating thereto - Where maker denies signature – Duty to allege fraud in pleading and tender of evidence of genuine signature for comparison - How resolved.

EVIDENCE:- Proof of Civil matters - Standard of proof

AMAKO V. STATE

EVIDENCE:- Presumptions - Presumption of sanity - Accused alleging that he is insane - Onus on him.

AMALA V. STATE

EVIDENCE:- Admissibility of Extra judicial statement of accused person - When admissible against him - Circumstantial evidence – Applicable principles

EVIDENCE:- Contradictions - Contradiction in evidence of witness - How treated - Whether trial court can rationalise to arrive at preconceived conclusion.

EVIDENCE:- Presumptions - Presumption of validity of judicial or official act - Section 150(1), Evidence Act – Effect

AMASA V. KOSOSI

EVIDENCE:- Evaluation of evidence - Duty of trial Judge - Mogaji V. Odofin (1978) 4 SC. p.91 at 935 applied and followed.

AMASA V. BIG TOM

EVIDENCE:- What is the effect of evidence led on matters not pleaded?

AMEH RICHARD V. THE STATE

EVIDENCE:- standard of proof in criminal cases - Who has the burden of proof - Whether the burden ever shifts

AMEH V. THE STATE

EVIDENCE:- Onus of proof in criminal cases - Proof beyond reasonable doubt.

AMOBI V. AMOBI AND ORS

EVIDENCE:- Admissibility -Nature of document that may be produced by witness and tendered without his being sworn.

EVIDENCE:- Documentary EVIDENCE:- Minutes of family meeting recorded by witness - Whether witness can merely tender without being sworn - Section 91(1) of the Evidence Act.

EVIDENCE:- Witness - Examination of witness - Whether party calling witness can cross-examine him

AMOO AND OTHERS V. THE QUEEN

EVIDENCE:- Reading Portion of deposition to refresh witness’ memory - Section 215(1) Evidence Ordinance-Application of

AMOS O. ARO V. SALAMI FABOLUDE

EVIDENCE:- Estoppel: Distinction between "issue estoppel", "cause of action estoppel", "fact estoppel"

AMU V. OHENREN

EVIDENCE:- Res judicata - Proceedings relied on by party of quasi-criminal nature - Whether can sustain plea of res judicata.

AMUSA ADESINA V. BURAIMOH AFOLABI

EVIDENCE:– Visit to locus in quo – adoption of a wrong procedure by a trial court in conducting visit – whether will necessarily lead to a successful appeal against trial court’s judgment – relevant considerations.

AMUSA V. STATE

EVIDENCE -Proof- Calling of witnesses by prosecution - Whether prosecu­tion has a duty to call all witnesses.

EVIDENCE:- Calling witnesses - Vital witness - Duty of Prosecution.

AMUSA V. THE STATE - CA

EVIDENCE – Judicial notice – legislations in respect of Federal highways – whether can be judicially noticed – sections 73 AND 74 (1) (a) (b) of the Evidence Act, 1990 considered.

EVIDENCE – "Proof beyond reasonable doubt" as used in section 138 (1) of Evidence Act – meaning of.

EVIDENCE – Inconsistent statements – where statements of a witness given before the trial and at the trial are inconsistent – how treated.

AMUSA V. THE STATE (2)

EVIDENCE:- Circumstantial evidence – Whether may ground conviction where it is unequivocal, positive and point irresistibly to the guilt of the accused - Where direct evidence is not available – Nature of circumstantial evidence  which is admissible to prove the charge against an accused person

EVIDENCE:– "Proof beyond reasonable doubt"  - Section 138 (1) of Evidence Act – Meaning of and implication

ANABARONYE V. NWAKAIHE

EVIDENCE:- Proof of title - Traditional history - How proved.

EVIDENCE:- Proof of title -Traditional evidence -Whether can ground grant of declaration of title to land.

ANAEZE V. ANYASO

EVIDENCE:- Admissibility - Document signed by illiterate -Condition precedent to admissibility of.

EVIDENCE:- Documentary evidence :- Document creating legal right between illiterate person and third party - Document not complying with Illiterates Protection Law - When evidence may be led on incidents surrounding preparation and signing of.

EVIDENCE:- Evaluation of evidence - Failure of trial court to properly evaluate evidence- Course open to appellate court.

ANANABA OHUKA AND ORS V. THE STATE

EVIDENCE:- Admissibility- Evidence of co-accused - Extra-judicial statement of co-accused - Whether evidence against other accused persons - Evidence of accomplice – When Court need to warn self

EVIDENCE:- Sufficiency of evidence - Mere opportunity to commit a crime - Witnesses - Contradictory evidence of witnesses - whether safe to rely on - Standard of proof - Proof beyond reasonable doubt - Mere suspicion - Whether proof beyond reasonable doubt.

ANATOGU V. IWEKA II

EVIDENCE -Admissibility - Fresh EVIDENCE:- Reception of in an action for review of judgment on ground of discovery of fresh evidence - Conditions precedent thereto - Duty on parry seeking review to fulfil - Failure so to do - Effect.

EVIDENCE:- Documentary evidence - Public document- Public document stating fact in issue or relevant fact - Relevance of - Section 39 Evidence Act.

ANGLO CANADIAN CO LTD V. ALOKOLARO AND CO

EVIDENCE:- Ownership of Vehicle - Appearance of defendant’s firm’s name on it - if evidence of firm’s ownership.

ANI V. QUEEN

EVIDENCE:- Admissibility - Evidence of spouse of accused person - When admis­sible – Conditions precedent - S.160 of the Evidence Act

ANIFOWOSHE V. SIYANBOLA

EVIDENCE:- Uncontroverted evidence of witness - Effect.

ANIMASHAUN V. UNIVERSITY COLLEGE HOSPITAL

EVIDENCE:- Proof - Onus of proof in civil cases - On whom lies - Failure to discharge – Effect

EVIDENCE:- Interpretation of documents – Effect of averment in pleadings

ANOZIE V. ALUKA

EVIDENCE:- Burden of proof in civil cases - burden on person who asserts to prove his case - standard of proof required in civil cases.

ANYABUNSI V. UGWUNZE

EVIDENCE:- Admissibility - Unregistered registrable instrument - When admissible - Relevant considerations.

EVIDENCE:- Admission - Admission by a party’s kith and kin an ownership of family land - Effect on claim for title thereto - Section 20(1) Evidence Act.

EVIDENCE:– Arbitration - Submission to arbitration - Effect of - Whether capable of grounding plea of estoppel.

ANYAEBOSI V. R. T. BRISCOE (NIGERIA) LTD.

EVIDENCE:- Admission of documents rendered absolutely inadmissible by statute - Rejection on appeal - Entries in book of account alone not sufficient to charge a person with liability - S.90(3) Evidence Act, meaning of person interested.”

ANYAELE CHUKWUEKE & ANOR. V. OKORIE OKORONKWO & ORS

EVIDENCE - BURDEN OF PROOF: Duty on Plaintiff in establishing his claim to succeed on the strength of his own case

ANYAH V. AFRICAN NEWSPAPERS OF NIGERIA LTD.

EVIDENCE:- Burden of proof in civil cases - On whom lies

EVIDENCE:- Onus of proof - Libel cases -Defence of justification raised - Whether defendant must first prove

EVIDENCE:- Standard of proof - Allegation of crime in civil cases - Standard of proof required therefor.

ANYANWU V. QUEEN

EVIDENCE:- Bad character of accused - When evidence allowed to be given thereof - Principles applicable.

EVIDENCE:- Evidence Act, 5.159 d(iii) - Whether accused person called as a witness can be cross-examined as to his bad character as of right.

ANYANWU V. THE STATE

EVIDENCE:- Civil Cases and Pleadings - Burden of Proof – Whether the legal burden is fixed by the pleadings and is settled as a matter of law, and remains unchanged throughout the trial exactly where the pleadings place it - Whether the ultimate burden of establishing a case is as disclosed in the pleadings – Whether the burden is on the person who would fail, if upon the pleadings filed, no evidence is led thereon on either side - Whether the general burden of proof is upon the party, whether plaintiff or defendant who asserts the affirmative of the issue

EVIDENCE:- Calling of evidence - Section 149(d) of the Evidence Act – Presumption - Whether operates against a party to the proceeding who withholds evidence on an issue – Whether focuses not on the failure to call a particular piece of evidence on the issue but the failure to call evidence on that issue - Where a party has called evidence on an issue – Whether failure to call a particular piece of evidence will not raise the presumption where the party has called other evidence – Need for trial court to be satisfied that the evidence exists and that it could be produced by the application of due human diligence and knowledge, that it was not produced in Court and that it was withheld by the party who could have produced it – When presumption would not arise

ANYAWU V. MBARA

EVIDENCE:- Wrongful exclusion of evidence from judgment - Effect of - Visit to locus in quo - When or when not undertaken in a title to land case -At whose instance undertaken - Presumption under S.45 of the Evidence Act.

APOSTLE PETER EKWEOZOR & ORS V. THE REGISTERED TRUSTEES OF SAVIOURS APOSTOLIC CHURCH OF NIGERIA

EVIDENCE:- Where a witness gives contradictory evidence on the same issue- Whether the court is not in a position to choose one and reject the order – Duty of court -Whether to reject the two pieces of evidence and regard such a witness as not capable of being believed

EVIDENCE:- Section 167 [d] of the Evidence Act, 2011 - Evidence which could be and is not produced – Presumption that it would if produced be unfavourable to the person who withholds it – Effect of



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Contact Editors - Sam Eleanya, Agboola Lola, Ugochi Eleanya - through lawnigeria@gmail.com




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