CORAM

UWANI MUSA ABBA AJI

PARTIES

AFOLARIN ADENLE APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The case concerns a parcel of land known as plot 61A in the Iyade Family Layout, off Airport Road, Ikeja Lagos. The plaintiff claims that the parcel of land was sold to him on 8th April, 1971 by the duly accredited representatives of the said Iyade family, evidenced by a purchase receipt, exhibit A.

HELD

The Appeal was dismissed.

ISSUES

(1) Whether the lower court was right in making comparison between exhibits A, B and C and thus coming to the conclusion that d.w.1 was a signatory to both exhibits A and C.(2)Whether the lower court was right in coming to the conclusion that the area of land in dispute was very clear and concise.(3) Whether the lower court was right in holding that the plaintiff satisfactorily proved his case.?

RATIONES DECIDENDI

FORGERY – WHO HAS THE BURDEN TO PROVE

The burden was on the defendant who introduced the element of forgery to plead it specifically with particulars and prove it. It has been held that it is not unusual for the courts, in a clear case, to form their own opinion as to handwriting by comparing a genuine specimen with a disputed one Per UWAIFO, JSC.

CASES CITED

Jules v. Ajani (1980) 12 NSCC 222.Emegokwue v. Okadigbo (1973) 4 SC 113 at 117.Teich v. Northern International Market Co. Ltd. (1987) 4 NWLR (pt.65) 441Wilcox v. The Queen (1961) 2 SCNLR 296Okonkwo v. Kpajie (1992) 2 NWLR (pt.226) 633 Awofolaju v. Adedoyin (1992) 8 NWLR (pt.260) 492);

STATUTES REFERRED TO

Evidence Act

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