JOSHUA ADEKANBI VS ATTORNEY.GENERAL OF WESTERN NIGERIA
September 2, 2025JAMES EDUN AND OTHERS VS INSPECTOR-GENERAL OF POLICE
September 2, 2025Legalpedia Citation: (1966-01) Legalpedia 52404 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Fri Jan 14, 1966
Suit Number: SC 217/1964
CORAM
BRETT JUSTICE, SUPREME COURT
ONYEAMA JUSTICE, SUPREME COURT
AJEGBO JUSTICE, SUPREME COURT
PARTIES
ESTATE OF LAWRENCE A CARDOSO
APPELLANTS
ESTATE OF JOHN ST. MATTHEW DANIEL
RESPONDENTS
AREA(S) OF LAW
LAW OF EVIDENCE – ADMISSIBILITY OF DOCUMENTARY EVIDENCE
SUMMARY OF FACTS
This is an appeal and cross-appeal against the decision of the High Court of Western Nigeria on an originating summons taken out by the Minister of Lagos Affairs to determine the person or persons to whom compensation is payable in respect of land and economic trees acquired by the Federal Government under the PublicLands Acquisition Act.
HELD
That the High Court had power to non-suit them and Cardoso estate is entitled to the compensation payable on the acquisition of the land in question
ISSUES
Whether a certified copy be of greater evidential value than the original itself?
RATIONES DECIDENDI
EFFECT OF ABSENCE OF PLEADINGS ON AN ORIGINATING SUMMONS
‘The absence of pleadings on an originating summons may lead to the embarrassment of one of the parties in a complicated issue as to title.’- Per Brett, J.S.C.
CASES CITED
Esin v. Abasi Privy Council Appeal No. 32 of 1963
Thurlev. Madison 82 E.R. 864,
STATUTES REFERRED TO
Not Available
