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March 12, 2018 3:17 pm
The learned counsel to the respondent tried to make an issue in respect of the identity of the land in dispute. Same was not pleaded and so there was no iota of evidence in that regard.
The learned counsel in the brief of argument made submissions galore on the point, all to no avail.
This is because addresses are designed to assist the court. No amount of brilliance in a fine speech can make up for lack of evidence to prove and establish or else disprove and demolish points in issue.
See: Niger construction Ltd. v. Okugbeni (1987) 4 NWLR (pt.67) 787 at 792; Obodo v. Olumo & Anr. (1987) 3 NWLR 111 at 123."
Per FABIYI, J.S.C. in FRANCIS ADESINA AYANWALE v. OLUMUYIWA OLUMIDE ODUSAMI: (2011) LPELR-SC.90/2004