CHIEF GANI FAWEHINMI V. INSPECTOR-GENERAL OF POLICE
June 18, 2025ALHAJI ADEBIYI LAYINKA V. ADEOLA MAKINDE
June 18, 2025Legalpedia Citation: (2002) Legalpedia (SC) 76199
In the Supreme Court of Nigeria
Fri May 10, 2002
Suit Number: SC. 190/1999
CORAM
SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT
OKAY ACHIKE , JUSTICE, SUPREME COURT
PARTIES
REMILEKUN OLAIYA(otherwise known as Oluremi Olaiya, an infant by Miss Ronke Funsho her next friend) APPELLANTS
PLAINTIFFS / RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff claimed that she and her late husband adopted two children who are entitled as beneficiaries of the estate. The trial court gave judgment in her favour. On appeal, the court of appeal dismissed the appeal on the ground that the issue of adoption raised by the appeal was a fresh issue for which leave was not sought.
HELD
The court allowed held that from the pleadings and evidence before the lower court the issue of adoption was not a fresh issue and that the plaintiff did not establish the fact of adoption.
ISSUES
Was the Court of Appeal right or wrong in treating the issue of validity of the adoption of Emmanuel and Sarah as a fresh point thereby failing to decide on the status and right of Emmanuel and Sarah as the beneficiaries of the deceased’s Estate.?In the light of the pleadings who, as between the plaintiff and the defendants before the trial Court had the burden of proving the adoption of Emmanuel and Sarah? And whether the person with the burden discharged the burden?
RATIONES DECIDENDI
BURDEN OF PROOF
The rule is that the burden of proof rests on the party whether plaintiff or defendant who substantially asserts the affirmative of the issue -Ejiwunmi J.S.C.
WHEN AN APPELLATE COURT WILL REVERSE THE DECISION OF THE LOWER COURT
An appellate Court ought not to reverse the decision of a Court below unless it is clear that the Court below is perverse and shown to have arrived at upon an erroneous view of the facts of the law applicable thereto – Ejiwunmi J.S.C
CASES CITED
Lewis & Peat (N.R.I.) LTD v. Akhimien (1976) 40 N.S.C.C. 360 at 365. (2001) 8 SCM, 201 at 204Ebba v. Ogodo (1984) 1 S.C.N.L.R. 372; (1984) 4 S.C. 84;Enang v. Adu (1981) 11-12 S.C. 25;Igwego v. Ezengo (1992) 6 N.W.L.R. (Pt. 249) 561;Lamai v. Orbih (1980) 5-7 S.C. 28;Woluchem v. Gudi (1981) 5 S.C. 291
STATUTES REFERRED TO
NONE
