SEISMOGRAPH SERVICE (NIG) LTD V. CHIEF KEKE OGBENEGWEKE EYUAFE
August 7, 2025JONATHAN AJIJOLA V. THE STATE
August 7, 2025Legalpedia Citation: (1976) Legalpedia (SC) 72101
In the Supreme Court of Nigeria
Thu Sep 23, 1976
Suit Number: SC. 112/1975
CORAM
FATAYI-WILLAMS, JUSTICE, SUPREME COURT
IRIKEFE, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
PARTIES
JOSEPH O. FALOBI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondents claim is for the maintenance of herself and her four children being the offspring of her union with the appellant.
HELD
It was held by the court that the learned trial court relied on conflicting affidavit to reach his decision.
ISSUES
None.
RATIONES DECIDENDI
CONFLICTING AFFIDAVITS – DUTY OF COURT
We have pointed out on numerous occasions that when a court is faced with affidavits which are irreconcilably in conflict, the judge hearing the case, in order to resolve the conflict properly, should first hear oral evidence from the deponents or such other witnesses as the parties may be advised to call. Per FATAYI-WILLIAMS, JSC
CASES CITED
G. B. Ollivant V. Vanderpuye (1935) 2 N.A.C.A. 369 at p. 370).
Akinsete V. Akindutere (1966) 1 All N.L.R. 147 at p. 148;
Eboh & ors. V. Oki & ors. (1974) 1 SC.179 at pp. 189-190
Olu-Ibukun & anor. V. Olu-Ibukun (1974) 2 SC.41 at p. 48
Uku & ors. V. Okumagba & 3 ors (1974) 3 SC.35 at pp. 56, 64-65)
STATUTES REFERRED TO
Matrimonial Proceedings and Property Act, 1970
Matrimonial Causes Decree, 1970.
