ADEWALE SHOLUADE VS THE REPUBLIC
September 2, 2025JANE ALATEDE VS JOSEPH JEJE FALODE AND ANOR
September 2, 2025Legalpedia Citation: (1966-05) Legalpedia 40929 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Fri May 20, 1966
Suit Number: SC 643/1964
CORAM
BRETT JUSTICE, SUPREME COURT
ONYEAMA JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
PARTIES
GODWIN. NWANKWERE
APPELLANTS
JOSEPH ADEWUNMI
RESPONDENTS
AREA(S) OF LAW
Law of Evidence -facts in issue-proof
SUMMARY OF FACTS
The respondent sued the appellant in the Magistrate’s Court, Ife, claiming-
the sum of £410 as damages being loss of earnings suffered by the plaintiff on account of the wilful refusal by the defendant to issue a certificate of roadworthiness in respect of plaintiffs motor vehicle No. LA 8484 after having duly tested and passed it as being roadworthy at Ife on the 8th of February, 1961, thereby preventing the said vehicle from operating on the road from the 8th of February to the 2nd May, 1961
HELD
That the alleged motive was not a fact in issue or directly in issue
ISSUES
Whether the Magistrate directed himself properly about the standard of proof required?
RATIONES DECIDENDI
FACTS SHOWING MOTIVE
‘Facts showing motive are not in the ordinary case to be included among the facts in issue but among the other facts declared to be relevant.’Per Brett, J.S.C
CASES CITED
Scammell& Nephew Ltd. v. Hurley [1929] 1 K.B. 419
STATUTES REFERRED TO
Not Available
