Affidavit (53)
HELD:
"Where there is a challenge to the service of originating process, the affidavit of service is prima facie evidence of such service.
HELD:
"Now Section 115 (2) of the Evidence Act 2011 provides that:-
HELD:
"This Court had held in A. G. Adamawa State v A. G. Federation (2005) 18 NMLR (Pt. 958) 1 at 657 thus;-
HELD:
"Where a matter is being tried on affidavit evidence and the Court is confronted with conflicting or contradictory evidence relied on by the parties on a material issue before the Court, the Court cannot resolve such conflict by evaluating the conflicting evidence in order to achieve the resolution of the conflict.
HELD:
"...As stated earlier that what was placed before the lower Court for its consideration was an affidavit evidence.
HELD:
"I concur with his lordship in his reasoning and conclusion that the respondents did not prove their case to entitle them to judgment.
HELD:
"I have recapped the affidavit evidence of 1st Respondent.
HELD:
"... It is expected that all the facts needed to prove this case would be contained in the affidavit.
