CORAM
MUHAMMAD S. MUNTAKA-COOMASSIE (Lead Judgment), JUSTICE, SUPREME COURT
ADOLPHUS GODWIN KARIBI-WHYTE,JUSTICE, SUPREME COURT
SAIDU KAWU JUSTICE, SUPREME COURT
SALIHU MODIBBO ALFA BELGORE JUSTICE, SUPREME COURT
ABUBAKAR BASHIR WALI JUSTICE, SUPREME COURT
PARTIES
HIGHGRADE MARITIME SERVICES LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff sued the defendant claiming the sum of N1,568,966.35 being money had and received. Judgment was in favour of the plaintiff. The defendant appealed and succeeded.
HELD
AFRICAN CONTINENTAL BANK LTD. CALABER VS JOSEPH AGBANYM 1960 FSC 267/1959 [1960] NSCC 12On appeal to the Supreme Court, the court held that the appeal lacked merit and its accordingly dismissed. ?
ISSUES
Whether the court of appeal was right in its conclusion for the evidence adduced at the trial, that the appellant failed to prove that the port Harcourt of the respondent had collected the proceeds of a cheque for N1, 568 946.35 from its ikeja branch for crediting the appellant’s account at its port Harcourt branch situate along Aba road.
RATIONES DECIDENDI
CHEQUE- WHAT IS
“A cheque in strict sense, is an order or request for payment. Until the cheque is honoured or cleared and the amount stated on it paid, it is not money” (Per A. O Obaseki JSC)
PROOF BEYOND REASONABLE DOUBT
Where a commission is directly in issue, the party alleging must prove beyond reasonable doubt Per WALI J.S.C
PRESUMPTIONS IN LAW
The courts are called upon to presume the existence of one fact from the existence of a proved fact where such presumption is irresistible- Per WALI J.S.C
BURDEN OF PROOF IN CIVIL CASES
In the arena of civil cases, the onus of proof does not remain static is shift from side to side. The correct position in law is that the onus of adducing further evidence is on the person who will fail if such evidence was not produced” Per WALI J.S .C
FRAUD TO BE SPECIFICALLY PLEADED
Where fraud is alleged, it must be specifically pleaded and particulars of the fraud given to enable the party defending the allegation understand the case he is facing and prepare his defence – Per WALI J.S.C
CASES CITED
Wolichem vs. Gudi (1981) SC 291 at 326Okuoja vs. Ishola (1982) 1 SC 314 at 49Etta vs. Ogodo (1984) 1SCNLR 171 372Okolo vs. Uzoua (1978) 4SC 77R vs. Iregbu 4 WACA 32Taliawu vs. N M Kassim (1969) 1 NMLR 148
STATUTES REFERRED TO
Evidence Act