ALHAJI ADEBAYO AKANDE VS JIMOH ADISA & ANOR

CORAM

CHRISTOPHER M. CHUKWUMA-ENEH, JUSTICE, SUPREME COURT

PARTIES

ALHAJI ADEBAYO AKANDE APPELLANTS

 JIMOH ADISA & ANOR

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant as plaintiff at the High Court took out a writ of summon claiming some declaratory reliefs against the respondents. Full trial including addresses by the parties was taken by the trial court. The trial judge delivered his judgment where he made a finding that the plaintiff had failed to establish a credible case to entitle him to have the declarations sought. The action was dismissed. Dissatisfied, the plaintiff appealed to the court of appeal in which the action was also dismissed. The plaintiff further appealed to the Supreme Court.?

HELD

The appeal was dismissed

ISSUES

1. Whether the court below was right to have held that the plaintiff did not prove his claim before the trial court and whether it was right to have held that if the totality of the evidence adduced by both parties should be put on an imaginary scale, the evidence of the respondents and their witnesses will be heavier than those adduced by the appellant and his lone witness.?

2. Whether the court below was right to have affirmed the decision of the trial court.?

RATIONES DECIDENDI

THE PRACTICE AND THE LAW IN THE CASE OF CIVIL LITIGATION

“It is the practice and the law that the plaintiff should first lay his complaints before the court by filling his pleadings. Next is that, where issues have been joined with him by defendant, then he shall go ahead to call evidence to establish each and every one of the averments and the evidence must tally.” Per I.T. Muhammad, JSC

REQUIREMENT OF THE LAW CONCERNING THE BURDEN OF PROOF

“It is the requirement of the law that he who asserts must prove. In all civil matters, the proof rests squarely on the person who approaches the court (plaintiff) praying that his legal right, which he claims from somebody (defendant), should be restored to him.” Per I.T. Muhammad, JSC

AVERMENT AND EVIDENCE ARE INSEPARABLE

“Where there is an averment which has no corresponding evidence, it is deemed abandoned, where there is evidence but there is no supporting averment, it is a worthless evidence.” Per I.T. Muhammad, JSC

FUNCTION OF AN APPELLATE COURT TO RETRY A CASE

“It is not the business or function of an appellate court to re-try a case particularly where there was evidence before the trial court from which its findings can reasonably be supported.” Per I.T. Muhammad, JSC

CASES CITED

Layinka & Anor v. Makinde & Ors (2002) 10 NWLR (pt. 775) 358 at 375Bamgbegbin v. Oriare (2009) 13 NWLR (pt. 1158) 370Ojukwu v. Yar’adua (2009) 12 NWLR (pt.1154) 50Oseni v. Bajulu (2009) 18 NWLR (pt.1172) 164?

STATUTES REFERRED TO

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