BANK OF WEST AFRICA LTD V. ALHAJI LAWAL BALOGUN
August 29, 2025ALHAJI AHMED AGBAJE & ORS V. CHIEF SALAMI AGBOLUAJE & ORS
August 29, 2025Legalpedia Citation: (1970) Legalpedia (SC) 01718
In the Supreme Court of Nigeria
Fri Feb 20, 1970
Suit Number: SC. 10/1968
CORAM
COKER, JUSTICE, SUPREME COURT
LEWIS, JUSTICE, SUPREME COURT
OBASEKE, JUSTICE, SUPREME COURT
PARTIES
ARMELS TRANSPORT LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was held liable for the negligent driving of its employee on the basis of a sketch plan drawn by a police officer who relied on the information supplied to him by the occupants of the vehicle
HELD
The court held that the sketch plan was inadmissible and that the lower court did not properly evaluate the evidence before it and ordered that the matter be sent back for re-hearing.
ISSUES
Whether the trial judge rightly evaluated or drew a proper inference from evidence which he found proved.
RATIONES DECIDENDI
HEARSAY EVIDENCE
The point shown on the plan as the point of impact not being within the personal knowledge of the policeman (6th PW) and not being admissible by virtue of section 90 of the Evidence Act was therefore inadmissible, being hearsay evidence. Per Lewis J.S.C
CASES CITED
Simpson v. Lever [1962] 3 WLR. 1374
STATUTES REFERRED TO
The Evidence Act
