Author Archives: Alexander Payne & Co
AKINSETE V. AKINDITIRE
IN THE SUPREME COURT OF NIGERIA ON THE 2ND DAY OF JUNE, 1966 BEFORE THEIR LORDSHIPS BRETT, J.S.C. ONYEAMA, J.S.C. COKER, J.S.C. BETWEEN: S.O. AKINSETE APPELLANT AND EMMANUEL AKINDITIRE RESPONDENT SUIT NO. SC. 115/1965 EVIDENCE – Affidavits – Conflicting – Parol evidence not led to resolve conflicts- Effect. FACTS/BACKGROUND: The judgment debtor applied to set aside
NWANKWERE V. ADEWUNMI
IN THE SUPREME COURT OF NIGERIA ON THE 20TH DAY OF MAY, 1966 BEFORE THEIR LORDSHIPS BRETT, J.S.C. ONYEAMA, J.S.C. COKER, J.S.C. BETWEEN: GODWIN NWANKWERE APPELLANT AND JOSEPH ADEWUNMI RESPONDENT SUIT NO. SC 643/1964 EVIDENCE – Allegation of a criminal act in averment – Section 137(1) Evidence Act – Standard of proof – Facts in issue
AWOGBEMI V. ALLEN
IN THE SUPREME COURT OF NIGERIA ON THE 15TH DAY OF APRIL, 1966 BEFORE THEIR LORDSHIPS BRETT, J.S.C. AJEGBO, J.S.C. COKER, J.S.C. BETWEEN: MADAM ABIGAIL NIKE AWOGBEMI APPELLANT AND ALLEN RESPONDENT SUIT NO. SC 438/164 EVIDENCE – Witnesses, credibility of – finding of fact by trial judge based on witnesses’ evidence. FACTS/BACKGROUND: The appellant had been
OFFUNE & ORS. V. OKOYE & ORS.
IN THE SUPREME COURT OF NIGERIA ON THE 31TH DAY OF MARCH, 1966 BEFORE THEIR LORDSHIPS BRETT, J.S.C. ONYEAMA, J.S.C. AJEGBO, J.S.C. BETWEEN: HENRY OFUNNE & ORS APPELLANTS AND NNAEMEGWO OKOYE & ORS RESPONDENTS SUIT NO. SC 534/1964 EVIDENCE – Estoppel and res judicata – Judgment of native Courts, appellate decisions of Residents – Obita dicta
ADEKANBI V. A-G OF WESTERN NIGERIA
IN THE SUPREME COURT OF NIGERIA ON THE11TH DAY OF FEBRUARY, 1966 BEFORE THEIR LORDSHIPS BRETT, J.S.C COKER, J.S.C. IDIGBE, J.S.C. JOSHUA ADEKANBI APPELLANT V. ATTORNEY-GENERAL OF WESTERN NIGERIA RESPONDENT SUIT NO. SC 681/1965 EVIDENCE- Confession – Admissibility – prosecution – Confession during crossexamination of defendant. – EVIDENCE ACT- Ss.27 (2) and 139 (1) (Now Ss.
CARDOSO V. DANIEL
IN THE SUPREME COURT OF NIGERIA ON THE 14TH DAY OF JANUARY, 1966 BEFORE THEIR LORDSHIPS BRETT, J.S.C. ONYEAMA, J.S.C. AJEGB0, J.S.C. BETWEEN: ESTATE OF LAWRENCE A. CARDOSO APPELLANT AND ESTATE OF ST. MATTHEW DANIEL AND THE MINISTER OF LAGOS AFFAIRS RESPONDENTS SC 217/1964 EVIDENCE – Admissibility in evidence of certified copy – Certified copy not
ONYEKAONWU & ORS. V. EKWUBIRI & ORS.
IN THE SUPREME COURT OF NIGERIA ON THE 14TH DAY OF JANUARY, 1966 BEFORE THEIR LORDSHIPS BAIRAMIAN, J.S.C. ONYEAMA, J.S.C. AJAGBO, J.S.C. BETWEEN: LAWRENCE ONYEKAONWU & ORS APPELLANTS AND EKWUBIRI & ORS RESPONDENTS SC 278/1964 EVIDENCE – Tendering evidence on matter raised in the defence EVIDENCE ACT – S. 145 (Now S.143) FACTS/BACKGROUND: The plaintiffs sued
TAIWO V. DOSUNMU & ANOR
IN THE SUPREME COURT OF NIGERIA ON THE 22ND DAY OF DECEMBER, 1965 BEFORE THEIR LORDSHIPS BRETT, J.S.C. ONYEAMA, J.S.C. AJEGBO, J.S.C. BETWEEN: CHIEF TAIWO APPELLANT AND DOSUNMU & ANOR. RESPONDENTS SC.244/1964. EVIDENCE – Proof if not judicially noticed. EVIDENCE – Sections 14 and 57 (Now Ss. 16, 17 and 68) FACTS/BACKGROUND: The plaintiff sued the
OZUDE V. I.G.P.
IN THE SUPREME COURT OF NIGERIA ON THE 23RD DAY OF MARCH, 1965 BEFORE THEIR LORDSHIPS BAIRAMIAN, J.S.C. ONYEAMA, J.S.C. COKER, J.S.C. OZUDE APPELLANT V. INSPECTOR-GENERAL OF POLICE RESPONDENT SC.211/1964 EVIDENCE- Accomplice; person bribing policeman- Hearsay evidence. EVIDENCE ACT – Section 8 (Now S. 5) FACTS/BACKGROUND: There was a case of assault and breach of peace
ALASHE & ORS. V. OLORI ILU & ORS.
IN THE SUPREME COURT OF NIGERIA ON THE 23RD DAY OF DECEMBER, 1964 BEFORE THEIR LORDSHIPS BAIRAMIAN, J.S.C. ONYEAMA, J.S.C. AJEGBO, J.S.C. BETWEEN: IDOWU ALASHE & ORS APPELLANTS AND SANYA OLORI ILU & ORS RESPONDENTS F.S.C. 329/63 EVIDENCE – Inadmissible evidence received at trial without objection-Appeal Court must reject it and decide on legal evidence. EVIDENCE-