CASES/JUDGMENTS OF NIGERIAN COURTS RELATING TO EVIDENCE
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CASES/JUDGMENTS OF NIGERIAN COURTS RELATING TO EVIDENCE
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| 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. IKEWIBE | 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. |
| ACAINA 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 |
| 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. |
JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES
