May 10, 2025
Legalpedia Citation: (2014) Legalpedia (CA) 14195 In the Court of Appeal Wed May 7, 2014 Suit Number: CA/L/757/12 CORAM PARTIES 1. DANIELLA AGHOGHO 2.AJUSHEASHIBORITSHE OKUMAGBA APPELLANTS BERNARD […]
CORAM
PARTIES
1. DANIELLA AGHOGHO
2.AJUSHEASHIBORITSHE OKUMAGBA
APPELLANTS
BERNARD OBOATARHIEYEREN OKUMAGBA RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
This is an appeal to the Court of Appeal by the Appellant against the ruling of the High Court of Lagos State seeking the following trinity orders (1) AN ORDER extending the time within which the Applicant may seek the leave of this Honourable Court to appeal against the ruling of the lower Court. (2) AN ORDER granting the applicant leave to appeal against the ruling of the lower Court on grounds of law alone. (3) AN ORDER extending the time within which the Appellant may appeal against the ruling of the lower Court and for such further orders. The Applicant deposed to the fact that the delay in filing the application for leave to appeal was caused by the negligence and inadvertence of the counsel who was initially seised with the conduct of the appeal.
HELD
Appeal Allowed
ISSUES
None
RATIONES DECIDENDI
UNCHALLENGED AND UNCONTROVERTED EVIDENCE- HOW TREATED BY THE COURT
“The law is elementary, that where evidence is uncontroverted, unchallenged and credible, the Court will be left with no option than to accept same”. PER PEMU JCA
AFFIDAVIT- SPECIFIC TRAVERSE IS MORE IMPORTANT THAN GENERAL TRAVERSE IN AN AFFIDAVIT
“It is not sufficient that the Respondent just denies the facts in an affidavit, by way of a general traverse, as such is not sufficient in law. There has to be specific traverse. General traverse is no traverse in Law. PER PEMU JCA
CASES CITED
Infeanyichukwu Esondu Co Ltd V. Akhigbe (1999) 11 NWLR (PT. 625). 1 S.CPHMB V. Edosa (2001) 12. W.R.N. 183.
STATUTES REFERRED TO
None