LEGAL PRACTITIONERS ORDINANCE V. EDEWOR

• Pages: 178-183

178

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NIGERIAN SUPREME COURT CASES

[1968] N.S.C.C.

the stubs of the cheque were filed and each in the same handwriting as the cheque

itself. Again, an examination of the stubs in the two books revealed that they are

almost all made out in these same two handwritings. Finally, we observe that after

relying so much on the evidence of Adekanbi the learned judge could not and did

not rely on his evidence in respect of the £30,000 in cash alleged given on loan to

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the appellant by the deceased in his presence.

There is another aspect of this case which should have received the consider-

ation of the learned trial judge. The appellant stated in his evidence that the de-

ceased first issued to him a cheque in his own name which he refused as he did

not want to be involved in what was a donation to the political party. This evidence

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by the appellant is confirmed by a stub No. 286902 in the cheque book in evidence

dated 13th July, 1959, bearing the same date as cheque No. 286903 the subject

of the alleged loan.

The plaintiffs/respondents have called Mr. Duroshola, the General Manager of

the Bank. He said when the money on one of the two cheques (he was unable to

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remember which of the two) was paid out the deceased himself and Lanlehin the

regional treasurer of the Action Group came together to the Bank to receive pay-

ment and both of them carried the money (E30,000) away. This confirmed the evi-

dence of the appellant that on one occasion he did not go to the Bank with the

deceased but Lanlehin went with him.

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On the face of the evidence before the learned judge we are clearly of the view

that the whole evidence properly considered the case of the defendant has not re-

ceived the treatment it deserved in the hands of the learned judge, and this is clear-

ly a case where the decision of the court is against the weight of evidence.

This appeal must be allowed. We set aside the judgment of the learned judge

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in Suit No. LD/475/62 and enter judgment in favour of the defendant, dismissing

the plaintiffs' case with costs assessed at 50 guineas, and this will be the judgment

of the Court.

Costs in this Court are assessed at 32 guineas in favour of the appellant.

Appeal allowed.

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LEGAL PRACTITIONERS ORDINANCE V.

EDEWOR

LEGAL PRACTITIONERS ORDINANCE (CAP.101)

V

MC IVER JOHN OGBOKO EDEWOR

SUIT NO. SC 203/1961

SUPREME COURT OF NIGERIA

ADEMOLA,

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C.J.N.

BRETT,

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J.S.C.

COKER,

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J.S.C.

28th June, 1968.

Statutes - Legal Practitioners Ordinance - Repeal by Legal Practitioners Act -

Effect - Law (Miscellaneous Provisions) Act. S.14(e) - Interpretation Act (No.

1 of 1964) S.6(1).

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