D. O. Adenekan Vs Gladys Wey (1973)

G.B.A. COKER, JSC

The case against the appellant who was the defendant before the Upper Area court was for refund of an amount of £750 which the respondent gave to him in 1968 for the purchase for her of a house in Zaria. The Upper Area court at the trial listened to the evidence called by the plaintiff, now respondent, and asked the appellant if he had witnesses to support his denial.

The defendant then told the court that the plaintiff did not give or lend to him any monies at all, and that she was his wife whom he had brought down to Zaria from Lagos. His denial was not accepted by the trial court and judgment was given against him. He appealed against that judgment to the High Court in its appellate jurisdiction. That court found no merits in his appeal, for understandably the issues involved were straight issues of fact on which he was clearly disbelieved. He has appealed to this court on precisely the same grounds and added one, attacking the jurisdiction of the trial court. No argument of any substance was addressed to us on the issue of jurisdiction and we are ourselves satisfied that the Upper Area Court which tried the case was competent to do so.

With respect to the issues of fact, the story of the plaintiff seems to us to be the more probable of the two and this was the view of the two lower courts through which this case has passed. We conclude that the grounds of appeal canvassed before us are entirely devoid of any merits and that the appeal must fail. The appeal is dismissed. The appellant must pay to the respondent the costs of the appeal fixed at N65.  

Other Citation: (1973) LCN/1706(SC)