CORAM
ALEXANDER, CHIEF JUSTICE OF NIGERIA
MADARIKAN, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
PARTIES
MR Z. O. OBOLO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
This appeal is based on the ruling of the learned trial judge that the court did not doubt the authorities cited that a party could call his opponent as a witness and provided he is willing he is a competent witness, and that there is no law to compel the defendant to give evidence for the plaintiff. This decision was appealed in the court of appeal and further in the Supreme Court.
HELD
The appeal was allowed and the decision of the learned trial judge was reversed.
ISSUES
That even if the defendant was a competent witness, the defendant was not compellable to give evidence on behalf of the plaintiff if the defendant was unwilling to do so.
RATIONES DECIDENDI
COMPETENCE AND COMPELLABILITY RTRTRTRT
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CASES CITED
Elias v. Disu & Ors. (1962) 1 All NLR.214
STATUTES REFERRED TO
None.