MADAM R. ONYECHIE VS MRS.R.SHADIYA
September 2, 2025AGBONMABGE BANK LTD VS C.F.A.O
September 2, 2025Legalpedia Citation: (1966-06) Legalpedia 61692 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Wed Jun 1, 1966
Suit Number: SC 115/1965
CORAM
BRETT JUSTICE, SUPREME COURT
ONYEAMA JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
PARTIES
S. O. AKINSETE
APPELLANTS
EMMANUEL AKINDUTIRE
RESPONDENTS
AREA(S) OF LAW
Law of Evidence-Affidavit Evidence
SUMMARY OF FACTS
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The appellant was the judgment creditor in a suit for debt commenced in the Magistrate’s Court at Ibadan. The respondent who was the judgment debtor appealed to the High Court at Akure and applied for a stay of execution of the judgment of the magistrate pending determination of the appeal in the High Court
HELD
The Order of the High Court at Akure (Fatayi Williams, J.) dated the 20th March, 1964, in Suit M/5/63 between S. O. Akinsete and Emmanuel Akindutire including the order for costs be and is hereby set aside.
ISSUES
Whether the Trial Court was wrong when considered the affidavit deposed to without calling oral evidence
RATIONES DECIDENDI
RESOLUTION OF CONFLICTS IN AFFIDAVITS
Where there is conflict in affidavits on crucial facts before the Court, oral evidence must be heard from the deponents or such other witnesses as the parties may be advised to call. -Per-Onyeama, J.S.C
CASES CITED
Government of Ashanti v. AdjuahKorkor 4 WA.C.A.
STATUTES REFERRED TO
