CHIEF P.I. MOKELU V. FEDERAL COMMISSIONER FOR WORKS AND HOUSING
August 7, 2025ALHAJI NURUDEEN AKINOLA LAWAL V. NATIONAL ELECTRIC POWER AUTHORITY & ORS
August 7, 2025Legalpedia Citation: (1976) Legalpedia (SC) 91511
In the Supreme Court of Nigeria
Fri Mar 19, 1976
Suit Number: SC. 167/1974
CORAM
ALEXANDER, CHIEF JUSTICE OF NIGERIA
MADARIKAN, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
PARTIES
CHIEF J.J. ENWEZOR APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
On or about 7th April, 1970 the plaintiff deposited with the defendants the sum of £26,659 old Nigerian currency notes for purposes of exchange. The defendant thereafter proposed to give £20 ex-gratia as the money was no more a legal tender.
HELD
The court dismissed the appeal as the appellant failed to discharge the onus of proving that the deposit was done before the expiry date.
ISSUES
Whether or not the trial court was right in failing to give judgment in favour of the plaintiff when the material facts alleged in the statement of claim have been established and there is no valid defence or answer to the said claim.
RATIONES DECIDENDI
ONUS OF PROOF OF A SPECIAL CLAIM – CURRENCY CONVERSION
Where a plaintiff bases his claim on currency conversion or exchange, the onus is on him to establish that the conversion or exchange is authorised by law; and in this particular case, the onus is on the plaintiff to prove that the conversion or exchange in authorised by Decree No.11 of 1968 on which he relies…MADARIKAN, JSC
CASES CITED
None.
STATUTES REFERRED TO
Central Bank (Currency Conversion) Decree
1967Currency Conversion (South-Eastern and other States) Decree, 1968
