METAL CONSTRUCTION (WEST AFRICA) LTD VS MIGLIORE & ORS
July 16, 2025KPLISHI KUUSU VS VANGER UDOM
July 16, 2025Legalpedia Citation: (1990-01) Legalpedia 15264 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Fri Jan 26, 1990
Suit Number: SC 81/1989
CORAM
M.L. UWAIS, JUSTICE SUPREME COURT
S.M.A. BELGORE, JUSTICE SUPREME COURT
A.G.O. AGBAJE, JUSTICE SUPREME COURT
P. NNAEMEKA- AGU, JUSTICE SUPREME COURT
A.B. WALI, JUSTICE SUPREME COURT
PARTIES
1. EZEOKAFOR UMEOJIAKO
2. EZEANOIKWA UMENNAIKE
APPELLANTS
1. AHANONU EZENAMUO
2. ODIKESIEME EZENAMUO
3. RAPHAEL AHANONU 4. PETER AHANONU 5. STEPHEN AHANONU 6. NWOYE AHANONU 7. AKUNKWO ODUKA 8. MGBAFOR AHANONU 9. UZOYE UJOR 10. AKUNKWO ABASILI 11. ANASTHA AHANONU
RESPONDENTS
AREA(S) OF LAW
LAND LAW – BURDEN IS ON THE PLAINTIFF TO SUCCEED ON THE STRENGTH OF HIS CASE AND NOT ON THE WEAKNESS OF THE DEFENDANT’S CASE.
SUMMARY OF FACTS
The fact leading to the appeal is that the appellant as plaintiff claimed against the respondent as defendant some pieces of land, wherein they tender evidences to substantiate their claims. The court believed the very credible evidences tendered and witnesses led by the defendant in dismissing the suit.
HELD
Appeal dismissed.
ISSUES
(1) “Whether as complained by the Appellants the Defendants/Respondents met their (Appellants’) case or whether as stated by B the Court of Appeal it was a question of ascribing different names to the same piece of land.”
(2) “Whether the oral testimony of one of the Defendants’ witnesses namely D.W.2 of what he was told by the 1st Defendant on record on the issue of who gave land to the C.M.S. was hearsay or not.”
(3) “Whether the judgment is perverse.”
RATIONES DECIDENDI
BURDEN OF PROOF IN CIVIL CASES
“In all civil cases, the person who asserts must prove. In the case of the plaintiff it is he that must first prove his case and make it strong enough to support his pleading. Should he fail to do this, his case will remain unproved, however elegant his pleadings. The failure of the defendant to prove, even his refusal to testify cannot alleviate the primary burden on the plaintiff to prove his case” (Per Belgore J.S.C)
CASES CITED
1. The Stool of Abinabina V. Chief Kojo Enyimadu XII W.A.C.A.171, 172.
2. F.M. Alade V. Lawrence Awo (1975) 4 S.C. 215, 223.
3. Adeyemo V. Popoola (1987) 3 N.W.L.R. (pt.66) 578.
4. Ben Ikpang & Ors. V. Chief Sam Edoho Anor. (1978)6 and 7 S.C. 221
STATUTES REFERRED TO
None
