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September 4, 2019 10:04 am
"Even though it is well established in law, that oral evidence ought be adduced where affidavits filed before court are irreconcilably contradictory by examining and cross examining the deponents; see: Falobi V Falobi (1976) 9-10 SC 1, Mbadugha V Nwosu (1993) NWLR (pt 315) 110. Mark & Anor V Eke (2004) 1 SC (Pt II) pg 1, Mabanije V Otto (2016) LPELR-26058(SC). Courts often exercise the discretion to call for oral evidence only in circumstances where the conflicts in the affidavits cannot be otherwise reconciled. However, in the instant appeal, this court is guided by the statement of the law by the Supreme Court in its decision in Osita Nwosu V Imo State Environmental Sanitation Authurity & Ors (1990) All NLR 379. Per Nnaemeka – Agu, JSC, wherein His Lordship expressed the view that:
"But I believe that it is not only by calling oral evidence that such authentic documentary evidence which supports one of the affidavits in conflict with another. That document is capable of tilting the balance in favour of the affidavit which agrees with it". See also: Elegbu V First African Trust Bank Ltd (1992) I NWLR (Pt 220) 699 @ 720.
- PER G.O.KOLAWOLE, J.C.A IN FIDELITY BANK PLC V JAMES OLANREWAJU & ORS
Appeal no: CA/L/976/2015
Appeal no: CA/L/976/2015
LEGALPEDIA ELECTRONIC CITATION: LER[2019]CA/L/976/2015
