Supreme Court 16th December, 2005
Justices: Sylvester Umaru Onu, J.S.C. (Presided and Read the Leading Judgment)
Niki Tobi, J.S.C., George Adesola Oguntade, J.S.C., Mahmud Mohammed, J.S.C.
Walter Samuel Nkanu Onnoghen, J.S.C.
Subject Matter(s):
▪ Unpleaded facts elicited under cross examination goes to no issue
▪ Where answers are elicited under cross examination
▪ Evidence extracted during cross examination of facts which are not pleaded
▪ Best evidence of the contents of a document
▪ How to prove traditional history based on hearsay evidence
▪ Sale of land by family member who is not the head of the family
▪ When the person claiming the ownership of communal property is to prove
▪ Sale of family property conveyed as personal property is void
Final Order: Appeal Dismissed