CORAM
SIR D A. R. ALEXANDER, CHIEF JUSTICE, NIGERIA
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
SIR UDO UDOMA, JUSTICE, SUPREME COURT
PARTIES
NIGERIAN MARITIME SERVICES LTD
APPELLANTS
ALHAJI BELLO AFOLABI
RESPONDENTS
AREA(S) OF LAW
TORT / EVIDENCE
SUMMARY OF FACTS
The plaintiff sued the defendants in the trial court claiming diverse sums as damages for negligence arising from the handling of the defendants lorry under the control of their driver and servant. The said lorry was negligently driven from the highway into the respondents house and shop where it caused damage.
HELD
The Supreme Court held that the onus of adducing further evidence is on the person who would fail if such evidence were not produced.
ISSUES
The award of damage made by the trial court
RATIONES DECIDENDI
ONUS OF PROOF IN CIVIL CASES
“We should like to emphasize here once again that, in the arena of proof in a civil case, the onus of proof does not remain static, but shifts from side to side. The correct position in law is that the onus of adducing further evidence is on the person who would fail if such evidence were not produced.” Per IRIKEFE, JSC
CASES CITED
Adel Boshali v. Allied Commercial Exporters Ltd. (1961) All Nigeria Law Reports – 917
Odulaja v. Haddad – 1973 – 11 S.C. – p. 357
STATUTES REFERRED TO
The Evidence Act