ONIBUDO & ORS. V. AKIBU & ORS

• Pages: 199-213

199

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NIGERIAN SUPREME COURT CASES

[1982] N.S.C.C.

facie

case and by electing, in consequence, not to call evidence in support of

their own case. The legal position in such a situation is, of course, that the appel-

lants are bound by the evidence called in support of the case for the respondent

qua

plaintiff, and the case must be dealt with on the evidence

as it stands " -

(per

Lord Greene M.R. in

Laurie Vs Raglan Building Co. Ltd.

(1942) 1 K.B. 152 at 156.

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5

See also Goddard L.J. in

Parry Vs Aluminium Corporation

(1940) W.N. 44 at 46;

and Lord Greene M.R. in

Yuil Vs

Yui/ (1945) All E.R. 183 at 185). There is, of course,

enough evidence, albeit inferentially or by implication, from the combined effects

of the recitals in Exhibits C1 and C2 in these proceedings (documents executed in

1927 and 1953 respectively and since then unchallenged as to its accuracy) on the

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10

issue raised in the above contention on behalf of the appellants i.e. that Sadiq Yaya

is a child of Sakariyawo Yaya.

In the event, there is absolutely no merit in the contentions and submissions on

behalf of the appellants and, as I said earlier, I agree that this appeal should be

and is hereby dismissed. I endorse the orders proposed by my Lord, Obaseki,

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15

J.S.C. in the lead judgment.

ESO, J.S.C.:.

I have had the privilege of a preview of the judgment just delivered

by my learned brother, Obaseki J.S.C. and I agree with the reasoning and

conclusions therein.

I agree that the appeal be dismissed and it is hereby dismissed. Order as to

Costs.

Appeal dismissed.

ONIBUDO & ORS. V. AKIBU & ORS.

20

25

30

ALHAJI I.A. ONIBUDO & OTHERS



APPELLANTS

V

ALHAJI A.W. AKIBU & OTHERS



RESPONDENTS

SUIT NO. SC 50/1981

SUPREME COURT OF NIGERIA

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35

SOWEMIMO,



J.S.C.

BELLO,



J.S.C.

IDIGBE,



J.S.C.

OBASEKI,



J.S.C.

ANIAGOLU,



J.S.C.

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40

9th July, 1982

Civil Procedure - Extra curia examination of documentary evidence improperly

made by appeal court suo niotu without first inviting further evidence -

Witness' evidence rejected by appeal court on basis of its findings made as

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45

a result of the examination - Need for pleading and proof by expert evidence

- Claim for declaration of title to land and mosque situate on it - Defendants

alleging ownership in whole community but non joinder of community -

Plaintiffs with proprietary interest in undefined area of land - Federal Court

of Appeal's dismissal of plaintiffs' claims substituted with order striking them

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50

out.