JOHNSON BEKEDEREMO V. COLGATE-PALMOLIVE (NIG.) LTD
August 7, 2025CHIEF C.O. BENEBO OMONI & ORS V. CHIEF PENNINGTON D. IMONA BIRIYAH & ORS
August 7, 2025Legalpedia Citation: (1976) Legalpedia (SC) 18115
In the Supreme Court of Nigeria
Thu Jun 10, 1976
Suit Number: SC. 21/1975
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
MADARIKAN, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
PARTIES
CHIEF O. ORONSAYE Eholor of Isi APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant alleged that his predecessor in title had pledged land and buildings on it to the respondent for a loan; and sought to repay the loan but the respondents contended that it was an outright sale not a loan.
HELD
The court held that even where onus of proving a fact has been discharged, the court will not disbelieve or reject the unshaken evidence of a witness.
ISSUES
Whether the onus of prove having been discharged by party, the court ought not to give judgement in his favour.
RATIONES DECIDENDI
DETERMINATION OF CUSTOMARY LAW
Determining the nature of a transaction is essentially a matter of fact so also is the determination of customary law. Where the evidence of a witness establishing any fact is left unshaken in cross examination or counter-evidence, the court will have no reason to disbelieve or reject it” PER MADARIKAN JSC
CASES CITED
AGBO KOFFI V. ADD KOFFI 1 WACA 284
STATUTES REFERRED TO
EVIDENCE LAW
