LADEGA V. AKINLIYI

• Pages: 409-414

409

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NIGERIAN SUPREME COURT CASES

[1969] N.S.C.C.

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15.

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If no evidence is called or read by the latter party, the party beginning

shall have no right to reply unless he has been prevented from summing

up his case by the statement of the other party of his intention to call

evidence.

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16.

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The case on both sides shall then be considered closed."

So it is manifest that the plaintiff will first address only if and when the defend-

ant has stated that he proposes not to call evidence. Without argument, the defence

has not said so in this case and clearly there is no record of any such declaration.

10 The record does not even show that the defence has been asked about this. The

plaintiff in those circumstances is therefore entitled to complain as he is doing that

he has been deprived of his right of addressing the court last.

In view of what transpired at the hearing of this case and the comments which

we have expressed we have refrained from commenting on the other issues raised

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on this appeal including findings of facts upon which there was no evidence and

the inferences from, and discussion of, recitals and documents which are not be-

stowed with any characteristics of presumptions.

The decision is in favour of the defendant and learned counsel for the defend-

ant at first sought to support it. In the end he conceded that the procedure adopted

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by the Judge was unprecedented and insupportable. The judgment cannot there-

fore stand, as it is manifest that there has been no trial according to law.

This appeal must be and it is therefore allowed, the judgment of the High Court,

Ikeja, in Suit No. IK/65/63 including the order for costs is set aside and it is or-

dered that the case be sent back for hearing

de novo,

both sides being given lib-

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erty to amend their pleadings and give such evidence as they may be advised. The

respondent will pay the costs of the appeal in this Court fixed at 60 guineas and

the costs in the High Court shall abide the event.

Appeal allowed.

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LADEGA V. AKINLIYI

35

WILLIAM LADEGA

(For himself and on behalf

of the Alashe family)

V

40 KASALI AKINLIYI

(For themselves and on behalf

of Ojuwoye family)

SUPREME COURT OF NIGERIA

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ADEMOLA,

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C.J.N.

LEWIS,

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J.S.C.

FATAI-WILLIAMS, J.S.C.

19th December, 1969.

APPELLANT

RESPONDENT

SUIT NO. SC 1/1967

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Land Law - Declaration of title !o land - Yoruba Customary Law - Forfeiture

of rights of customary tenants - Claim of absolute ownership.