Alhaji Isiyaku Yakubu & Anor. V. Nigerian Telecommunication Ltd & Anor. (2005)

LawGlobal-Hub Lead Judgment Report

AMIRU SANUSI, J.C.A.

ALHAJI ISIYAKU YAKUBU & ANOR. V. NIGERIAN TELECOMMUNICATION LTD & ANOR.

(2005)LCN/1860(CA)

In The Court of Appeal of Nigeria

On Thursday, the 15th day of December, 2005

CA/J/249/2001

RATIO

EVIDENCE: WHAT THE COURT IS TO DO WHEN IT IS FACED WITH AFFIDAVITS THAT ARE IRRECONCILABLE IN CONFLICT – AFFIDAVIT EVIDENCE

it is a settled law no doubt, that when a court is faced with affidavits which are irreconcilably in conflict, the judge hearing the case in order to resolve the conflict properly, should first hear oral evidence from the deponents or such other witnesses as the parties may be advised to call. See Akinsete Vs Akindutire (1966) 1 All NLR 147 at 148; Eboh & Ors Vs Oki & Ors (1974) 1 SC 179 at pp 189 – 190; Olu-Ibukun & Anor Vs Olu Ibukun (1974) 2 SC 41 at 48; Uku & Ors Vs Okumagba & 3 Ors (1974) 3 SC 35 at 56, 64-65; Falobi Vs Falobi (1976) 9-10 SC 1. PER AMIRU SANUSI, J.C.A.

EVIDENCE: WHETHER IT IS ONLY BY CALLING ORAL EVIDENCE THAT SUCH A CONFLICT IN AFFIDAVITS CAN BE RESOLVED

it is equally the law, that it is not only by calling oral evidence that such a conflict in affidavit can be resolved. Such a conflict can be resolved by authentic documentary evidence at its disposal. It can suo motu resolve conflicting affidavit evidence by resorting to the documentary evidence. See Ezegbu Vs First African Trust Bank Ltd & Anor (1992) 1 NWLR (Pt 220) 699 at page 720; Nwosu V Imo State Environmental Sanitation Authority and Ors (1990) 2 NWLR (Pt 135) 688 at 718. PER AMIRU SANUSI, J.C.A.

JUSTICES

RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria

AMIRU SANUSI Justice of The Court of Appeal of Nigeria