ADEKO V. IJEBU-ODE DISTRICT COUNCIL.

• Pages: 155-157

ADEKO V. L1EBU-ODE DISTRICT COUNCIL.

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"(1)In civil cases the burden of first proving the existence or non-existence of a

fact lies on the party against whom the judgment of the court would be given

if no evidence were produced on either side, regard being had to any pres-

umption that may arise on the pleadings.

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(2) If such party adduces evidence which ought reasonably to satisfy a jury that

the fact sought to be proved is established, the burden lies on the party

against whom judgment would be given if no more evidence were adduced;

and so on successively, until all the issues on the pleadings have been dealt

with.

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(3) Where there are conflicting presumptions, the case is the same as if there

were conflicting evidence."

This submission is incompatible with the Judge's statement that he is unable to

resolve the conflict of evidence in terms of credibility of parties and witnesses,

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which means that after hearing all the evidence he was not satisfied either that the

plaintiffs did give their consent to the transaction or that they did not. In these cir-

cumstances the plaintiffs have failed to establish that they are entitled to the relief

they ask for.

We were invited to consider ordering a new trial or a judgment of non-suit, but

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I see no reason why the respondents should be given another opportunity of prov-

ing what they have failed to prove in this suit. I would set aside the judgment of

the Court below with the order for costs and enter judgment dismissing the suit.

The appellant should have costs of 40 guineas in the Court below and costs of this

appeal assessed at 50 guineas.

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Unsworth, F.J. I

concur.

Taylor, F.J.

I concur.

Appeal Allowed.

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ADEKO V. IJEBU-ODE DISTRICT COUNCIL.

35 ADAMO GBOLADE ADEKO

V

IJEBU-ODE DISTRICT COUNCIL

FEDERAL SUPREME COURT

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ADEMOLA

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C.J.F.

UNSWORTH

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F.J.

TAYLOR,

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F.J.

27th April, 1962.

APPELLANT

RESPONDENT

SUIT NO. FSC 229/1961

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Commercial Law - Master and Servant - Wrong fill dismissal - summary dismissal

of confirmed local Government employee - W.N. Local Government Regulations,

regs 13(3), 16 - Confirmed employee subject to regulations.

Constitutional Law - Right to opportunity to be heard - Failure to comply with

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Regulation providing for a hearing - Effect.

Jurisdiction - of High Court - Dismissal rendered wrongful by failure to comply

with regulation - High Court not deprived of jurisdiction to look into issue of

just cause and excuse.