RE: BAKADO LINE LTD.

• Pages: 61-63

RE: BAKADO LINE LTD.

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61

RE: BAKADO LINE LTD.

5

IN THE MATTER OF BAKADO LINE LTD.

(PRIVATE)

10 IN THE MATTER OF COMPANIES ACT

IN RE: CHIEF SALIU BOLAJI BAKARE

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PETITIONER

SUITNO. SC

16/1969

SUPREME COURT OF NIGERIA

ADEMOLA,

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C.J.N.

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COKER,

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J.S.C.

LEWIS,

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J.S.C.

12th February, 1969.

Company Law - Winding up proceedings - Cross-examination on affidavits must

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be at first opportunity before the other side closes case.

ISSUE:

1. Whether the affidavit of a deponent, who does not appear in court to be

cross-examined on the contents of such affidavit, should be admitted in

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evidence.

FACTS:

In a petition for winding up a company, the petitioner sought leave of the Court

to cross-examine the affidavits of the respondent before the respondent closed his

case. It was granted. The respondent then also applied for leave to cross-

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examine the affidavits of the petitioner, and in the interest of justice the Court

granted it. The petitioner appealed.

HELD:

1.

If leave to cross-examine a deponent to an affidavit is granted and the deponent

fails to appear, his affidavit must be rejected, and where as in this case, a

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petitioner rested his case on his affidavits and closed his case, it would be

unfair to him, if because he failed to appear for cross-examination in response

to an order pursuant to an application made after the close of his case, the only

evidence on which he had relied should stand in jeopardy of being rejected.

2.

In

the circumstances of this case, the application to cross-examine the deponent

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to the affidavits of the petition was made too late and the Judge was wrong to

have granted it.

CASE REFERRED TO IN JUDGMENT.

1.

Strauss & Anor. v. Goldshmiclt & Ors.

(1892) 8 T.L.R. 239.

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Chief Williams(with

him

Shitta-Bey & Carew)

for Appellant.

Shyngle

for Respondents.

ADEMOLA C.J.N.

(Delivering the Judgment of the Court): This appeal arose

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from a ruling of Caxton-Martins J. in the High Court of Lagos during an argument

arising out of a petition for winding up the Bakado Line Ltd., a company

incorporated under the Companies Act, Cap. 37, now replaced by the Companies

Decree.