CORAM

EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT

PARTIES

AFRICAN CONTINENTAL BANK PlcMR. I. S. OKWY OMENYE APPELLANTS APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The plaintiff sued the defendants for an amount of N5,000,000.00 special and general damages for an alleged breach of contract.

HELD

The  Appeal was  allowed.

ISSUES

“(i)      Whether upon the pleadings and the evidence their Lordships, the majority Justices at the Court of Appeal below were justified when they confirmed the judgment of the Court of first instance in favour of the Plaintiff whose legal existence as a juristic persona was challenged but never established.(2)      Whether the majority Justices of the Court of Appeal below were justified when they sustained the decision of the Court of first instance upon the question of legal existence of the Plaintiff by holding, per Honourable Justice J.T. AKPABIO, JCA. that the ‘name of the Respondent on the writ was a mere misnomer which did not and could not vitiate the proceedings.”(3)      Whether the existence vel. non. of the Plaintiff as a juristic persona was ever admitted by the sole witness of the Defendants and if so whether the question of the Plaintiff’s existence as a legal person is one that can be decided upon the purported admission made by the sole witness for the Defendants under cross-examination relating to matters not pleaded.(4)     Whether upon the pleadings and the evidence, it was open to their Lordships, the majority Justices at the Court of Appeal below to infer as they did that the account evidenced by Exhibits 16 and 17 was ever converted into a Limited Liability Company account in the name of the Plaintiff as holder.(5)       Whether on the face of the pleadings and Exhibits 1 to 17, particularly 16 and 17, the Plaintiff made out any cause of action against the Defendant to warrant judgment being entered in his favour by the Court of first instance and the Court of Appeal below.”?

RATIONES DECIDENDI

BURDEN OF PROOF WHERE ISSUES ARE JOINED ON THE PLEADING

It is a fundamental procedural requirement that when issues are joined on the pleadings, evidence is needed to prove them. It is the person upon whom the burden of establishing that issue lies that must adduce satisfactory evidence. When there is no such evidence, the issue must be resolved against him and the consequences of that are as decisive of the case presented as the materiality of that issue. Per UWAIFO, JSC

CASES CITED

Overseas Construction Co. Ltd. v. Creek Enterprises Ltd. (1985) 16 NSCC (pt. 2) 1371 at 1375 Ivienagbor v. Bazuaye (1999) 9 NWLR (pt. 620) 552 at 561.J.K. Randel v. Kwara Breweries Ltd. (1986) 6 SC 1

STATUTES REFERRED TO

None

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