May 25, 2025
Legalpedia Citation: (2010) Legalpedia (SC) 15162 In the Supreme Court of Nigeria Fri Apr 23, 2010 Suit Number: SC. 25/2003 CORAM IGNATIUS CHUKWUDI PATS-ACHONOLU JUSTICE, SUPREME COURT […]
CORAM
IGNATIUS CHUKWUDI PATS-ACHONOLU JUSTICE, SUPREME COURT
MARY UKAEGO PETER-ODILI, JUSTICE, SUPREME COURT
NIKI TOBI , JUSTICE. SUPREME COURT
AMIRU SANUSI
PARTIES
1. MR. MELFORD AGALA2. MR. B. S. BAGSHAW3. MR. HAMILTON H.DAWARI (for themselves and on behalf of Alibo family of Okusin Compound of Ido in Degama Local Government Area of Rivers State]4. CHIEF FELIX OWUKIO EGWERE5. CHIEF KAIZER OPUWARIBOKO6. CHIEF LONDON D. ESUKU7. CHIEF GEORGE PRASO8. CHIEF ROBINSON BIBI9. CHIEF EBENEZER ODIO10. MR. CAPTAIN OYIBO (For themselves mid on behalf of Ido Council of Chiefs]. APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent claimed chieftancy stool under Kalabari Native Law and custom and an injunction restraining the appellant from parading himself as Head of the said compound. The trial judge found for the defendants.
HELD
Appeal dismissed
ISSUES
NONE
RATIONES DECIDENDI
BURDEN OF PROOF IN CIVIL MATTERS.
“Civil cases are determined on preponderance of evidence and balance of probabilities and so he who asserts a fact must prove that fact with credible evidence that is relevant to the matter in controversy, not evidence that is irrelevant and inconsequential to the success of the claim.” Per MUKHTAR J.S.C
PLEADINGS: MEANING
“Pleadings are summary of the Facts of a case that must be served on an opponent to enable him be on notice of the facts to contend with in court at the hearing”. Per MUKHTAR J.S.C
CASES CITED
1. Elias v. Omo-Bare 19825 SC.2, Woluchem v. Gudi 19815 SC. page 291,2. George v. Dominion Flour Mills Ltd 1963 1 SCNLR page 117, 3. George v. U.B.A. Ltd 1972 8 – 9SC. page 264, 4. Oduka v. Kasumu 1968 NMLR page 28.
STATUTES REFERRED TO
NONE?