MBA ORIE & ANOR V. OKPAN UBA & ANOR
August 7, 2025JOSEPH O. FALOBI V. ELIZABETH O. FALOBI
August 7, 2025Legalpedia Citation: (1976) Legalpedia (SC) 14551
In the Supreme Court of Nigeria
Fri Oct 8, 1976
Suit Number: SC. 324/1973
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
MADARIKAN, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
PARTIES
SEISMOGRAPH SERVICE (NIG) LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent made roads to ease the movement of farm produce which he supplied to a factory. The respondent alleged the appellants used heavy duty trucks on the roads which caused damage to the road.
HELD
The court held that the conclusion on the ownership of the roads was based on nothing else but the admission of the appellants which had no evidential value.
ISSUES
Whether a party who makes adverse statements in the course of negotiation which are admissions can retract same later in a proceeding of same matter.
RATIONES DECIDENDI
STATUS OF ADMISSION NOT BASED ON PERSONAL KNOWLEDGE OF MAKER
A statement oral or written made by a party to a civil proceeding and which statement is adverse to his case is admissible in the proceedings as evidence against him of the truth of the facts assorted in the statement. But where however an admission is not based on personal knowledge of the maker of the facts admitted, such evidence can hardly be of any value and it is for the court having all the facts and materials upon which counsel made the admission to judge its worth PER IDIGBE JSC
CASES CITED
BULLEY V. BULLEY (1873-4) 9 CA APP 739
CUSTOMS CONTROLLER V. WESTERN LECTRIC CO. LTD (1965) 3 AOR 699
GRAMOPHONE CO LTD V. MAGAZINE HOLDER CO. (1911) 28 RPC 221
MANUEL MISA V. RAIKES CURRIE DORS (1876) APP. CASES 554
STATUTES REFERRED TO
