CORAM
MUHAMMADU LAWAL UWAIS CHIEF JUSTICE OF NIGERIA(Presided)
ABUBAKAR BASHIR WALI. JUSTICE, SUPREME COURT
IDRIS LEGBO KUTIGI. JUSTICE, SUPREME COURT
JOSEPH SHAGBAOR IKYEGH JUSTICE’ COURT OF APPEAL
SYLVESTER UMARU ONU JUSTICE, SUPREME COURT(Read the Leading Judgment)
PARTIES
1. MALLAM HAMIDU MUSA2. SHAKARE UKIMORE3. ALHAJI DANJUMA GASHINA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The contention in the present case was that the procedure for the selection and appointment of the 1st respondent had not been properly followed.
HELD
In the result, all three issues having from the foregoing been answered in the affirmative, they are each resolved against the appellant. The appeal fails as lacking in merit and I accordingly dismiss it with N1,000.00 costs to the respondents.
ISSUES
1. Was the Court of Appeal right in law to have allowed the appeal based on the evidence on the record and the proper inference that ought to be drawn from the facts found at the trial.2. Whether the Court of Appeal was right in holding that the High Court Judge was wrong in applying the provisions of Section 148 of the Evidence Act to the circumstances of the case,3. Whether the judgment of the Court of Appeal was not backed by the weight of evidence before it.
RATIONES DECIDENDI
WHEN A PLAINTIFF IS ENTITTLED TO JUDGMENT
It is trite law that where a plaintiff adduces oral evidence which establishes his claim against the defendant in terms of the writ and the evidence is not rebutted by the defendant, the plaintiff is entitled to judgment. PER ONU, JSC
WHEN AN APPELLATE COURT WILL BE FREE TO DRAW ITS OWN INFERENCE FROM THE FACTS
An appellate court will be free to draw its own inference from the facts as found at the trial if the question relates to the proper inference that ought to be drawn from those facts, moreso when it is of the opinion that the trial court did not take proper advantage of its having seen and heard the witnesses. PER ONU, JSC
CASES CITED
Anyaoke v. Adi 1986) 3 NWLR (Pt.31) 731Saka Atuyeye & 4 Ors v. Emmanuel Ashamu (1987) 1 NWLR (Pt.49) 267Onifade v. Olayiwola (1990)7 NWLR (Pt.161) 130 at 157Nwabuoku v. Ottih (1961) 2SCNLR 232; (1961) 1 All NLR 487Agoma v. Guiness (Nig) Ltd. (1995) 2 NWLR (Pt.380) 672..Fatoyinbo v. Williams (1956) SCNLR 274:Lipede v. Sonekan (1995) 1 NWLR (Pt.374) 668 and Akesse v. Ababio (1935) 2 WACA 264.
STATUTES REFERRED TO
Evidence Act, Cap. 112 Laws of the Federation, 1990)