OBAJI AGA V. THE STATE
August 7, 2025MICHAEL ODIGIJI & ORS V. THE STATE
August 7, 2025Legalpedia Citation: (1976) Legalpedia (SC) 11417
In the Supreme Court of Nigeria
Fri Jun 18, 1976
Suit Number: SC. 115/1975
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
MESSERS LEWIS & PEAT (N.R.I) LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants claim was for the balance of N1,637.31 which he advanced the respondent for the supply of rubber lumps. The trial court dismissed the appellant claim for want of corporate personality.
HELD
The court held that the corporate personality of the appellant was not an issue before the trial court. The appeal was allowed.
ISSUES
None.
RATIONES DECIDENDI
BURDEN OF PROOF IN CIVIL CASES
“As we have stated before the issue in this case is whether the purpose for which cash advances was made has been fulfilled by the respondent; he (respondent) asserts the affirmative of this issue and the burden, therefore, is on him to prove this assertion. In the settled state of the pleadings the question of corporate existence of the appellants company can possibly have no material bearing on this vital point. Per C. IDIGBE JSC.
IMPORTANCE OF ISSUES
Where there is no issue the question of burden of proof does not arise. Per C. IDIGBE JSC.
Where there is no issue the question of burden of proof does not arise. Per C. IDIGBE JSC.
CASES CITED
Joseph Constantine Steam Ship Line v. Imperial Smelting Corporation (1942) AC 154 at 174
Fidelitas Shipping Co. Ltd v. V/C Exportchleb (1965)2 AER 4
Howell v Dering (1915) 1 KB 54 at 62
STATUTES REFERRED TO
