PROCEDURAL STEPS ON ASSESSMENT AND VERIFICATION IN FILING COURT PROCESSES IN THE FCT
HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA. PROCEDURAL STEPS
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CASES/JUDGMENTS OF NIGERIAN COURTS ON EVIDENCE (9)
[This Index in full and Judgment(s)/listed and published here can be procured in electronic PDF copies for a fee in singles or compendium. Research support is also available. Email us through lawnigeria@gmail.com and info@lawnigeria.com or text 07067102097]
| TITLE | MAIN ISSUES |
| NWOBODO V. ONOH | EVIDENCE:- Documentary evidence – Duplicates etc. of certificates of results – Admissibility as Primary EVIDENCE:- Source – Allegations of falsification of results – Standard of proof – Vel non proof beyond reasonable doubt required as in criminal cases |
| NWOBOSI V. AFRICAN CONTINENTAL BANK LIMITEDN | EVIDENCE:- Admissibility – Hearsay evident e – When admissible – Relevant considerations. |
| NWODE V. THE QUEEN | EVIDENCE:- Inconsistencies in – Duty of Court |
| NWOGO V. NJOKU | EVIDENCE:- Native law and custom ‑ How proved ‑ Section 58, Evidence Act. EVIDENCE:- Onus of proof in civil cases ‑ Always on the plaintiff. EVIDENCE:- Plans of land in dispute ‑ Discrepancy therein ‑ How resolved ‑ Need to call surveyors as witnesses. |
| NWOKE V. OKERE | EVIDENCE:- Evaluation of EVIDENCE:- use of “I believe” and “I do not believe” – Whether proper evaluation. EVIDENCE:- Proof – Fact not in issue – Whether need be proved. |
| NWOKEDI AND ANOTHER. V. C.O.P. | EVIDENCE:- Burden of proof – Standard. |
| NWOKELEKE V. OSELE | EVIDENCE:- Res judicata – Judgment of lower court – Reversed on appeal – Which constitutes res judicata. |
| NWOSISI V. THE STATE | EVIDENCE:- Corroboration – Hearsay. |
| NWOSU V. BOARD OF CUSTOMS & EXCISE | EVIDENCE:- Burden of Proof- Customs offences |
| NWOSU V. OKONKWO | EVIDENCE:- Document 20 years old – Presumption of genuineness – Section 155, Evidence Ordinance – Application of |
| NWOSU V. UDEAJA | EVIDENCE:- Admissibility – Documents duly admitted in evidence by trial court and later expunged from judgment – whether proper- Survey plan -Evidential value. |
| NYUFAM AUGUSTINE BASSEY EYO & ORS. V. NTUFAM OJONG OKPA & ANOR. | EVIDENCE:- ESTOPPEL PER REM JUDICATAM: Whether it is proper for a party who has already gotten judgment previously in his favour to use such judgment as a foundation for an action in trespass |
| NZEKWU V. NZEKWU | EVIDENCE:- Proof of custom – When not necessary – When judicial notice maybe taken – Unchallenged evidence. |
| O.O. LAYADE V. PANALPINA WORLD TRANSPORT NIG. LTD | EVIDENCE:- Proof-Termination of employment – Where contract of employment provides for notice or salary in lieu for termination – Onus of proof on employer |
| O.P. ULEGEDE V. THE MILITARY ADMINISTRATOR BENUE STATE | EVIDENCE – Successful plea of Res Judicata – effect of. |
| OANDO NIGERIA PLC V. ADIJERE WEST AFRICA LIMITED | EVIDENCE:- BEST EVIDENCE:- Whether Expert is only the best type of evidence – Other acceptable evidence of value – Whether depends on the circumstance of each case |
| OBA AFOLAYAN ABIOYE V. OBA FELIX ABIDOYE | EVIDENCE:- Factors must co-exist for a successful plea of estoppel per rem judiatam – Principle upon which is based a successful plea of res judicata- Whether fats averred to in the pleadings are issues |
| OBA E.A. IPINLAIYE II V. CHIEF JULIUS OLUKOTUN | EVIDENCE:- DOCUMENTARY EVIDENCE: whether document received unlawfully is still open to the appellant in the appellate court or thereof EVIDENCE:- DOCUMENTARY EVIDENCE: Admissibility of documentary evidence in civil and criminal cases |
| OBA JIMOH OLADUNNI OYEWUNMI V. OBA SAMUEL ADEGBOYEGA OSUNBADE AND ORS. | EVIDENCE – Conflicting averments in affidavits – how resolved. |
| OBA JUBRIL BOLAJI MARANRO V. ALHAJI SALAMI ADEBISI | EVIDENCE:- CERTIFIED TRUE COPY OF A PUBLIC DOCUMENT: Whether a party can tender the certified true copy of a public document as evidence even if he was not a party to it |
| OBA OLUWADARE ADEPOJU ADESINA & ANOR. V. JOSEPH OLU OJO & ORS. | EVIDENCE:- EVALUATION OF EVIDENCE: What constitutes proper evaluation of evidence |
| OBA R. A. A. OYEDIRA OF IGBONLA V. H. H. OBA ALEBIOUSU II AND OTHERS. | EVIDENCE:- Admissibility -Facts not pleaded by party -Reference to in a letter -Whether sufficient – Customary law – Mere assertion of by party – Whether sufficient as proof -. Withholding evidence -Section 148 (d) Evidence Act – True purport of. |
| OBADENEJI OMOHODION V. COP | EVIDENCE:- Need for Magistrate’s findings of fact to be supported by evidence on record – Conviction set aside and conviction of common assault substituted – Criminal Code, Cap. 42, section 351. |
| OBAJI V. THE QUEEN | EVIDENCE:– Evidence of accomplices as basis for conviction – whether corroboration required – Need for court to warn itself of danger of convicting on such evidence alone |
| OBANOR V. OBANOR | EVIDENCE:- Expert witness – No evidence of contradiction – Whether acceptable. |
| OBASANJO V. YUSUF | EVIDENCE:- Facts – Relevance of in litigation. |
| OBASI BROTHERS MERCHANT COMPANY LIMITED V. MERCHANT BANK FOR AFRICA SECURITIES LIMITED (2005) (SC) | EVIDENCE:- Estoppel – Res judicata – Operation of doctrine of – Conditions precedent thereto. EVIDENCE:- Estoppel – Res judicata – Previous suit relied upon as estoppel – Where struck out for lack of diligent prosecution – Whether constitutes res judicata. EVIDENCE:- Proof – Ditty on plaintiff in proof of his case – Nature of- How discharged – Quality of evidence he should place before court. |
| OBASI ONYENYE V. THE STATE | EVIDENCE:- ADMISSIBILITY OF EVIDENCE:- INVOLUNTARY CONFESSIONS: Vital importance of the legal yardstick that no statement by an accused is admissible in evidence against him unless it is shown that it was a voluntary statement – whether a confessional statement made involuntarily, would be admitted unless there is a trial within trial |
| OBASI V. STATE | EVIDENCE:- Confession – Meaning and characteristics of. EVIDENCE:- Confession – Sufficiency of to ground conviction – Conditions that it must satisfy. |
| OBAYEMI V. OBAYEMI | EVIDENCE:- Admissibility – Discussions and correspondence in negotiations arising from private individual’s attempt – Whether privileged and inadmissible – relevant considerations |
| OBEYA MEMORIAL SPECIALIST HOSPITAL V. ATTORNEY-GENERAL OF THE FEDERATION | EVIDENCE – Interlocutory application – whether applicant’s affidavit suffices for purpose of discharging the burden of whether there is a serious questions to be tired. |
| OBI NWANZE OKONJI V. GEORGE NJOKANMA | EVIDENCE:- Admissibly of documents – S. 198 Evidence Act – Inadmissible document- When admitted in evidence to test veracity of witness – Weight attached thereon. |
| OBI V. THE QUEEN | EVIDENCE:- Admissibility – Res gestae – Objection to admissibility – When to raise. |
| OBIANWUNA OGBUNYIYA & ORS V. OBI OKUDO & ORS | EVIDENCE:- The Evidence Law -Whether can make any enactment on evidence in relation to proceedings before the Court of Appeal EVIDENCE:- Judicial notice – Government Gazette and Evidence act – Duty of court thereto |
| OBIEKEZIE AND OTHERS V. NWEKE AND OTHERS. | EVIDENCE:- Conflicting evidence of Parties – Effect |
| OBIJIAKU V. OFFIAH | EVIDENCE:- Admission – How made – Whether expressly or impliedly. EVIDENCE:- Proof – Onus of proof in civil case – How discharged. EVIDENCE:- Proof – Proof of an assertion – Onus on person making assertion How discharged. |
| OBIJURU V. OZIMS | EVIDENCE:- Admissibility vet non of unregistered registrable Instruments, s.15, Cap. 72, Eastern Nigeria – When Instrument may be admissible as evidence of transaction in relation to land and as receipt for money paid |
| OBIKA NWOBI V. HERBERT ANUKAM | EVIDENCE – Burden of proof – Section 139 of Evidence Act – on whom lies. |
| OBIMIAMI BRICK & STONE (NIG.) LTD. V. A. C. B. LTD. | EVIDENCE:- Admissions – Fact admitted – Whether requires evidential proof. EVIDENCE:- Evaluation of evidence by lower court – Attitude of appeal court thereto. EVIDENCE:- Proof – Claim a? counter-claim of a party ~On whom onus lies – How discharged. |
| OBUERO V. QUEEN | EVIDENCE:- Burden of proof when insanity is pleaded – How burden is discharged. |
| ODEBUNMI V. ABDULLAHI | EVIDENCE:- Averments in pleadings -Whether tantamounts to EVIDENCE:- Duty on party alleging to prove. EVIDENCE:- Presumptions – Collision between moving vehicle and stationary vehicle in broad day light – Presumption that driver of moving vehicle negligent. |
| ODEKUNLE V. AJOBIARE | EVIDENCE:- Traditional history – Conflicting versions – Duty of court to evaluate. |
| ODEN AND ORS. V. FEDERAL REPUBLIC OF NIGERIA | EVIDENCE:– Confessions – duty of prosecution to prove that a confession is voluntary. EVIDENCE:– Confession – voluntary confession – admissibility of. EVIDENCE:– Confession – whether admissible against accomplices. |
| ODENIJI V. AKINPELU | EVIDENCE:- Traditional history – Where relied upon by both parties – Test applicable by the court – Entitlement of court to express preference for case of either party. |
| ODESANYA V. EWEDEMI | EVIDENCE:- Declaration of title- Onus of proof. |
| ODI V. OSAFILE(CA) | EVIDENCE:- Evaluation of evidence – Rule in MOGAJI V. ODOFIN – Duty of trial Court. |
| ODO NWOBE V. THE STATE | EVIDENCE – Confessional statements – how determined – applicable. |
| ODONIGI V. OYELEKE | EVIDENCE:- Estoppel – Estoppel per rem judicatam – Previous decision in criminal case – Whether can operate as estoppel in a subsequent civil case – Relevant considerations. EVIDENCE – COURT EVIDENCE:- Estoppel – Estoppel per rem judicatam and issue estoppel – Operation of. |
| ODU V. CHIEF TIAMIYU JOLAOSO & ORS | EVIDENCE:- STANDARD OF PROOF:- Contempt proceedings – As quasi criminal proceedings – Whether burden to establish the contempt is by proof beyond reasonable doubt – Committal proceeding for deliberate disobedience of a court order – Whether connotes established mens rea – Disobedience of the order of a competent court – Whether a civil contempt – Legal Implications |
| ODUAK DANIEL JIMMY V. STATE | EVIDENCE:- Whether proof beyond reasonable doubt is proof to the hilt or proof beyond all iota of doubt EVIDENCE:- CONTRADICTION:- Meaning of contradictory statement – Determination of whether or not contradictions in the prosecution’s case are material |
| ODUBANJO V. QUEEN | EVIDENCE:- Accomplice – Evidence of – Attitude of court – S. 177(l) Evidence Act. EVIDENCE:- Co-accused – Evidence of – Whether requires corroboration – S.177(2) Evidence Act. |
| ODUKOYA V. THE ATTORNEY-GENERAL | EVIDENCE:- Content of note made by witness – Whether admissible in evidence or for identification. EVIDENCE:- Notes in a notebook – Whether conclusive evidence. |
| ODUKWE V. OGUNBIYI | EVIDENCE:- Proof – Burden of proof” – Different meanings and connotations thereof. EVIDENCE:- Proof – Burden of proof of an assertion – On whom lies. EVIDENCE:- Proof – Communality of ownership of land – On whom burden of proof lies. |
| ODUNSI V. OJORA | EVIDENCE: Burden of Proof – Onus on party who alleges to prove. |
| ODUTOLA V. ODERINDE | EVIDENCE:- Estoppel – Estoppel per rem judicatam – Conditions for successful plea of. |
| ODUTOLA V. PAPER SACK NIGERIA LIMITED | EVIDENCE:- Admissions – Admission against interest – When can avail adverse party – When cannot. EVIDENCE:- Proof – Oral agreement – Terms of – Burden of proof thereof – On whom lies – How discharged. |
| ODUWOLE V. LAGOS STATE DEVELOPMENT PROPERTY | EVIDENCE:– Evaluation of evidence – Documentary evidence – Whether oral or extraneous evidence is admissible to contradict the content of documentary evidence – Exception thereto. |
| OFIM V. THE QUEEN 2 | EVIDENCE:- Accomplice’s EVIDENCE:- Corroboration required – Nature of. EVIDENCE:– Effect of refusal by trial court of an application to adjourn so that prosecution can call witness – Attitude of court thereto where the defence failed to back the application – Attempt of defence to base an appeal therefrom |
| OFIM V. THE QUEEN | EVIDENCE:- Accomplice’s EVIDENCE:- How corroborated EVIDENCE:- Confessional Statement – Admissibility of |
| OFUNNE V. OKOYE | EVIDENCE – Res judicata – Content of – Distinguished from principle of /a is in decision EVIDENCE:- Res judicata – Same subject-matter – How determined |
| OGBAMGBA V. QUEEN | EVIDENCE:- Finding of fact – Approach of appellate court to evidence before trial court. |
| OGBEIDE V. OBAZEE | EVIDENCE:- Res judicata – When applicable. |
| OGBEKI V. AKUKU | EVIDENCE:- In previous proceedings – Use of in subsequent proceeding – Principles applicable thereof. |
| OGBIMI V. NIGER CONST. LTD. | EVIDENCE:- Admissible EVIDENCE:- Whether unregistered land instrument is admissible in evidence. |
| OGBONNAYA V. ADAPALM NIGERIA LIMITED | EVIDENCE:- Admission or rejection of evidence – Whether an issue of law for purposes of formulating ground of appeal. |
| OGBU V. ANI | EVIDENCE:- Duty on court-Where evidence not provided by parties – Whether dun’ of court to look, for – Need for court to act as unbiased umpire. |
| OGBU V. THE QUEEN | EVIDENCE:- Accomplices – Official corruption – A go between – Whether an accomplice of the giver of the bribe or of receiver or of both. |
| OGBU V. WOKOMA | EVIDENCE:- Proof-Burden of proof in civil and criminal cases. Distinction between – Relevance of distinction. EVIDENCE:- Proof – Burden of proof in civil cases – Nature of – Where it lies-How determined. |
| OGBUNYIYA AND OTHERS V. OKUDO AND OTHERS | EVIDENCE:- Proof of appointment of a judge – Official Gazette containing Government Notice of Judge’s appointment – Whether admissible as evidence for same |
| OGBUOKWELU V. UMEANAFUNKWA | EVIDENCE:- Proof’- Five ways of proof of title to land – Whether all need be proved. EVIDENCE:- Traditional EVIDENCE:- When court will accept – When it will not – Relevant consideration. EVIDENCE:- Traditional EVIDENCE:- Nature of. |
| OGEDENGBE V. BALOGUN | EVIDENCE:- Proof- Contradiction in EVIDENCE:- When will lead to reversal of decision of trial court on appeal. EVIDENCE:- Proof – Title to land – Identity of land in dispute – Where survey plan inaccurate – Effect on plaintiff’s claim. EVIDENCE:- Proof – Title to land – Identity of land in dispute – Survey-plans – Whether sine qua non to establish – When survey plan not necessary-. |
| OGHARU V. THE QUEEN | EVIDENCE:- Accomplice’s evidence – Whether requires corroboration – Confession of accused person – When disputed -Admissibility thereof – How treated |
| OGIDI AND ORS. V. THE STATE (2) | EVIDENCE:– Issue – proof of same in criminal trials. EVIDENCE: Prosecution – Duty to establish guilt of accused beyond reasonable doubt – section 138(1) of the Evidence Act – Effect of failure thereto. |
| OGIDI V. EGBA. | EVIDENCE:– Admissibility – Admission of inadmissible evidence by trial court – Whether can be ivied on appeal – How raised. EVIDENCE:- Admissibility – Document made by an interested party daring pendency of proceedings – Admissibility of’- Section 90(3), Evidence Act considered. |
| OGUEZE V. OJIAKO | EVIDENCE:- Plan of land not counter-signed as required by Survey Act 194, Section 23 – Inadmissibility of. EVIDENCE:- Res judicata – Previous declaration as to same land between same communities by competent court – Second declaration by another competent court-Will not be set aside if it adds something to original declaration. |
| OGUGU V. THE STATE | EVIDENCE:- Corroboration – Meaning of – What amount to – Nature of corroborative evidence. |
| OGUMA ASSOCIATED COMPANIES (NIG.) LTD V. I.B.W.A. LTD. | EVIDENCE:- Documentary EVIDENCE:- Bankers ledger – Cards (Statement of Accounts) – Admissibility of – Sections 96(1)(h), (2)(e) and 37, Evidence Act, Cap. 62 – Documents admitted without objection – Whether defendant entitled to raise objection on appeal – Whether Court entitled to expunge front evidence during judgment – Oral evidence, uncontradicted – Sufficiency of. |
| OGUNBIYI V. ADEWUNMI | EVIDENCE:- Section 145 Evidence Act -Possession of land – Onus of proof. |
| OGUNBONA V. FYNHOUR | EVIDENCE: Section 148(d) Evidence Act – Effect of non-production of evidence to support allegation of non-compliance with specification |
| OGUNDELE V. FASU | EVIDENCE:- Locus in quo – Liberty of court to inspect it – Prohibition of court from utilizing impression derived from the visit which is not covered by legal evidence before the court in arriving at its judgment – Court to avoid placing itself in the position of a witness. EVIDENCE:- locus in quo – purpose of visit to it |
| OGUNESAN V. OYEWUNMI AND ORS | CUSTOMARY LAW – EVIDENCE:- Customary Law Proof of Requirements of s.73, Evidence Act Judicial notice What amounts to. |
| OGUNFAOLU V. ADEGBITE | EVIDENCE:- Onus of proof – Section 145 Evidence Act considered. |
| OGUNJUMO V. ADEMOLU | EVIDENCE:- Admissibility – Instrument affecting land – Unregistered registrable instrument – When admissible – For what purpose admissible. EVIDENCE:- Proof – Burden of proof on plaintiff in civil cases – How discharged – Absence of defence – Effect on burden. |
| OGUNLANA V. STATE | EVIDENCE – Concurrent findings of two lower courts -Attitude of Supreme Court thereto. EVIDENCE:- Proof- Onus of proof- Restitution or forfeiture order – Claim for – Onus of proof thereof- On Whom lies – How discharged. EVIDENCE-Witnesses-Accomplices or tainted witnesses – When witnesses may or may not be regarded as such-Whether failure of witness to report a crime to police makes him an accomplice or tainted witness. |
| OGUNLEKE V. OYELAKIN | EVIDENCE – Traditional history – KOJO II V. BONSIE (1957) 1 WLR 1223 – principles enunciated therein in resolving conflicts of traditional history – application of same by court. EVIDENCE – Traditional history – where there is conflicting evidence in respect of same – rule in Kojo II V. Bonsie (1957) 1 WLR 1223 – purport of. |
| OGUNNAIKE V. OJAYEMI | EVIDENCE:- Admissions – Admissible against maker – Relevance of evidence of witness in previous suit – Whether Evidence Act applies to proceedings before customary court. |
| OGUNNIYI V. HON. MINISTER OF FCT & ANOR | EVIDENCE:- Presumption of intention |
| OGUNWALE V. THE STATE | EVIDENCE:– Affidavits – contents of affidavits as stipulated by sections 86 and 87 of Evidence Act. |
| OHAKA V. QUEEN | EVIDENCE:- Fact within the knowledge of any person – Proof of -Onus on person accused – Proof of on a balance of probabilities. |
| OHUNYON V. THE STATE | EVIDENCE:- Witnesses – Duty on prosecution to call witnesses – Evidence of a single witness -When sufficient to prove conviction – When not sufficient. EVIDENCE:- Witnesses – Murder – Proof of – Onus on prosecution – Whether can be discharged upon evidence of a single witness. |
| OJEGBENDE V. ESAN | EVIDENCE:- Conflicting affidavits – When oral evidence not necessary. |
| OJEGELE V. THE STATE | EVIDENCE:- Judges Rules – No evidence before court that standard form required to be filled by superior officer filled – Effect on admissibility of confessional statement – Confessional statement – Retracted admissibility of – Nature of circumstantial evidence sufficient to convict accused – Conviction based solely on confessional statement – Effect of – Confessions – Test for truth of – Corroboration of. |
| OJIEGBE V. OKWARANYIA | EVIDENCE:- Admissions against interest by persons now dead – Section 33(c) Evidence Act – Application thereof. EVIDENCE:- Admissions by persons from whom parties to the suit have derived their interest – Section 203(b) Evidence Act – Application thereof. |
| OJO ADEYEYE V. THE STATE | EVIDENCE:- who has the onus of proof in criminal cases |
| OJO V. GHARORO | EVIDENCE:- Evidence of a witness who is not the author of a document but has intimate relationship with the document – Whether hearsay evidence – Medical practices and report system – Implications for regular hear-say rules – Relevant considerations EVIDENCE:- Tainted witness – Employee who gives evidence on behalf of the employer – Whether a tainted witness. |
| OJO V. QUEEN | EVIDENCE:- Insanity – Must be supported by evidence before the court |
| OJO V. THE QUEEN | EVIDENCE:- Witnesses – Prosecution witness’s statement to police – Use to which it can be put – Attitude of Court to the practice of admitting in evidence previous statements by a witness as if they were evidence in the case |
| OJOKOLOBO V. ALAMU | EVIDENCE:- Evaluation and rejection of evidence by trial court – Attitude of appellate cowl thereto – When can interfere therewith. |
| OJOMA V. QUEEN | EVIDENCE:- Criminal proceedings – Confession of accused person – Whether evidence against co-accused persons |
| OJOMO V. INCAR (NIG.) LTD. | EVIDENCE:- Proof – Burden of proof in civil cases -Onus on plaintiff in respect of – Propriety of court setting up case for plaintiff. EVIDENCE:- Proof – Evidence led on fact not pleaded or at variance with fact pleaded – How treated EVIDENCE:- Proof of custom – Evidence of custom – Duty on party relying on custom or usage |
| OKE V. ATOLOYE | EVIDENCE:- Proof of-duty of party claiming the contrary to prove. |
| OKE V. EKE | EVIDENCE:- Conflicting evidence adduced in a court of trial – Duty of the learned trial judge who heard and saw the witnesses failed to resolve same – Whether impossible for an appeal court to make findings in such a situation – Proper order |
| OKOGERI C. LINUS & ANOR V. IKORO OGBONNA KINSLEY & ORS | EVIDENCE:- Whether evidence elicited from a party or his witness under cross- examination, which goes to support the case of the party cross examining, constitutes evidence in support of the case or defence of the party- whether parties and courts are bound by the pleadings |
| OKWARA AGWU & ORS V. JULIUS BERGER (NIG) PLC | EVIDENCE:- CONFLICT IN AFFIDAVIT EVIDENCE: How conflict in affidavit evidence should be reconciled |
| OKWUDU NWAKONOBI & ORS. V. BENEDICT UDEORAH & ORS. | EVIDENCE:- Contrast between estoppel by conduct or standing by and estoppel per res judicata- When doctrine of estoppel by conduct or standing by is applicable -Conditions for operation of the doctrine of estoppel by standing by- Whether evidence adduced that is relevant to a matter in controversy that has neither been challenged, nor debunked must be accepted and relied upon by the court |
| OLAIDE IBRAHIM V. S.A. OJOMO & ORS | EVIDENCE:- BURDEN OF PROOF: On whom lies the burden of proof |
| OLALOMI INDUSTRIES LTD. V. NIGERIAN INDUSTRIAL DEVELOPMENT BANK LTD. | EVIDENCE – EVALUATION OF EVIDENCE: Ascription of probative value to the evidence of witnesses – Whether the business of the trial court which saw and heard the witnesses – Attitude of appellate courts to invitation to interfere with same |
| OLORUNTOSIN BELLO V. THE STATE | EVIDENCE – EVALUATION OF EVIDENCE: What evaluation of evidence entails |
| OLOYEDE AKINGBADE V. OYEYIPO ELEMOSHO | EVIDENCE:- Evidence of relevant facts—Proof of conveyance – Proof of conveyance of nearby the making of a lay-out – Materiality |
| OLUDOTUN OGUNBAYO V. THE STATE | EVIDENCE:- Section 179 (1) of the Evidence Act – Whether evidence of one solitary credible witness can establish a case beyond reasonable doubt – Whether an accused person in a charge of rape, cannot be convicted on the uncorroborated evidence of the prosecutrix. EVIDENCE:- Contradiction – Whether it is not every minor contradiction, that is fatal to the prosecution’s case – Relevant considerations EXPERT EVIDENCE: Opinions of learned authors – when proper to refer to same – attitude of courts thereto |
| OLUWAROTIMI O. AKEREDOLU & ANOR V. RAHMAN O. MIMIKO & ORS | EVIDENCE:- Admission of expert report prepared at the behest of a party as distinct from the court – Need for court to treat same with due caution EVIDENCE:- PRESUMPTION OF REGULARITY: Section 168 (1) of the Evidence Act, 2011 – Presumption that when a judicial or official act is shown to have been done in a manner substantially regular, it is presumed that formal requisites for its validity were complied with – Whether rebuttable – Burden of proving that a judgment was travesty of justice – On whom lies |
| OMOLERE IKUOMOLA V. SAMOTA ONIWAYA & ORS. | EVIDENCE:- Where evidence adduced in support of an issue is not challenged under cross-examination – Whether court has no discretion to disbelieve such evidence without giving sufficient reasons for doing so |
| ONYIBOR ANIEKWE & ANOR. V. MRS. MARIA NWEKE | COURT – EVIDENCE:- EVALUATION OF EVIDENCE:- Trial court – duty to evaluate the evidence adduced and to ascribe probative value thereto – proper approach for evaluating evidence in civil cases- when appellate court will embark on an evaluation or re-evaluation of evidence |
| OPEBIYI V. OSHOBOJA AND ANOTHER | |
| OPOLO V. STATE | EVIDENCE:- Admission of documentary evidence – Writer not called as a witness – Effect |
| OPUTA V. THE DIRECTOR OF AUDIT (W.R) | |
| ORAJEKWE V. MBIERI | EVIDENCE:- Doctrine of res ipsa loquitur – When applicable. |
| ORISAKWE V. STATE | EVIDENCE:- Witnesses – Tainted witness – How determined – Whether membership of same village or family as deceased in murder trial disqualifies one as a tainted witness |
| ORJI EDWARD V. THE STATE | EVIDENCE:- Proof – Murder – Burden on prosecution to establish the guilt of an accused – How discharged. |
| ORJI V. ZARIA INDUSTRIES LTD. | EVIDENCE:- Evidence – Affidavits – Mere conclusion of facts within knowledge of deponent – Whether offend against section 86 of the Evidence Act. |
| ORUKUMAKPOR V. ITEBU | EVIDENCE: Ambiguity in terms of document – Use of extrinsic evidence in interpretation thereof – Whether proper. |
| OSAFILE V. ODI | EVIDENCE:- Proof- Declaration of title – Nature of evidence required of plaintiff in proof of. EVIDENCE:- Res judicata – Land in dispute and parties in previous suit different front those in present suit – Effect thereof. EVIDENCE:- Res judicata – Land in dispute and parties in previous suit different from those in present suit – Failure of res judicata – Whether previous judgment can still constitute evidence of act of ownership and possession. |
| OSAYAMEH VS.INSTITUTIONAL INVESTORS LTD | |
| OSIBAKORO D. OTUEDON & ANOR V. AMBROSE OLUGHOR & ORS | EVIDENCE:- ESTOPPEL PER REM JUDICATAM: Principle of estoppel per rem judicatam |
| OSU OBLA & ORS. V. OSANGA OTAGOYI & ORS. | EVIDENCE:- ESTOPPEL: Whether failure to join parties that ought to be joined operates as estoppel against the plaintiff |
| OSU V. IGIRI AND SONS | EVIDENCE:- Application of Evidence Act to Customary and Area Courts – S.131 and S.1(4) of Evidence Act considered – Res judicata, issue estoppel – Whether settlement out of court can operate as such in subsequent case. |
| OSUNRINDE AND OTHERS V. AJAMOGUN AND OTHERS | EVIDENCE:- Estoppel – Res judicata – Whether plaintiff can rely on previous suit between parties – When available to either party – Effect on privies to an estate – Issue Estoppel – Whether evidence can be led on issues previously decided in a judgment pleaded by a party. |
| OTTI V. STATE | EVIDENCE:- Identification evidence –Basis of- Whether it is in all cases necessary to conduct identification parade. EVIDENCE:- Proof -Defence of alibi – When to raise – Where raised –How proved. |
| OUR LINE LIMITED V. S.C.C. NIGERIA LIMITED & ORS. | EVIDENCE:- Documentary evidence: Whether a formal proof of a document can be waived in civil cases |
| OWENA BANK LIMITED V. NIGERIAN SWEETS AND CONFECTIONARY CO. LTD. | EVIDENCE:- Evidence given by plaintiff on fact of special damages not pleaded – Attitude of defence counsel thereto – What it should be – Whether he need cross-examine on it. EVIDENCE:- Proof of damages – Damages for conversion – Onus on claimant – How discharged. |
| OWENA BANK NIGERIA PLC V. ERNOK FINANCE LIMITED | EVIDENCE:– Pleadings – Mere averment in pleadings – Whether can take the place of evidence. EVIDENCE:– Evidence not challenged or contradicted during cross-examination – Whether court is bound to accept or act on same. |
| OWHONDA V. EKPECHI | EVIDENCE:- Proof – Oral EVIDENCE:- Whether admissible to contradict documentary evidence. EVIDENCE:- Proof – Title to land – Five ways of proving title – Whether all need be proved. EVIDENCE:- Proof – Title to land – Identity of land in dispute – Onus of proving same – On whom lies – Failure to prove – Effect. |
| OWNERS M.V BACO LINER 3 V. ADENIJI | EVIDENCE:- Proof of existence of Marriage – Burden of proof of – On whom lies. |
| OWOADE AND OTHERS V. OMITOLA AND OTHERS | EVIDENCE:- Incidents of evidence- Evidence of traditional history – When plaintiffs case depends on traditional evidence – Effect – Onus of proof – Balance of evidence – Ditty of plaintiff – When discharged – Possession – Onus of proof – Presumptions – 5.129 Evidence Act – When applicable – Admissibility of unpleaded facts in evidence |
| OWONYIN V. OMOTOSHO | EVIDENCE:- Admissibility of Judgment in previous action – Admissibility and use of evidence given in another case in a later one EVIDENCE:- Res judicata – Plea of Estoppel – When relevant- How pleaded |
| OWOYEMI V. ADEKOYA | EVIDENCE:- Evidence given in a, previous proceeding by a person not called as a witness in the present case – How court should treat |
| OWUNARI LONG-JOHN & ORS. V. CHIEF CRAWFORD N. BLAKK & ORS | EVIDENCE:- Estoppel: Condition precedent to successful plea of res judicata |
| OYADEJI V. ADENLE | EVIDENCE:- Proof of civil claim – Allegation of crime made – Burden of proof on Party making allegation – How discharged – Section 137 Evidence Act considered EVIDENCE:- Section 137 of Evidence Act – Import of . |
| OYAKHIRE V. STATE | CRIMINAL LAW AND PROCEDURE – EVIDENCE OF CO-ACCUSED PERSON:- Extra-judicial statement to the police and evidence of an accused person against a co accused – Whether extra-judicial statement made by an accused person to the police may amount to an admission of the offence for which he is charged and such a statement and the facts admitted therein are admissible only against the maker of the statement and not against a co-accused – When the accused goes into the witness box and repeats, on oath, the contents of his extra-judicial statement to the police – whether they become evidence for all purposes, admissible in law and can be acted upon by the Court against a co-accused |
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