Items filtered by date: Friday, 19 April 2024
LIBEL - Essential ingredients of libel; on whom lies the burden of proof of same
HELD:
"In the instant, which is an action in defamation by libel, the Respondent had a duty to prove the necessary ingredients to ground a finding of defamation in his favour.
BURDEN OF PROOF/ONUS OF PROOF - Burden on the plaintiff to lead cogent and credible evidence to prove his claim/case even when the Defendant fails to defend the suit
HELD:
"...However, such act of a party deciding not to give evidence on his pleadings which is tantamount to abandonment or a party not even filing a defence to a suit does not ipso facto mean that the action of the claimant will succeed.
PLEADINGS - Effect of failure to call evidence in support of pleadings
HELD:
"There is no doubt that by our well-established legal precedents that pleadings on which no evidence is led is deemed abandoned.
LIBEL - Importance of publication in libel
HELD:
"As highlighted in the leading judgment, proof of publication of the statement complained of is an essential pre-requisite for establishing a case of defamation.
SPECULATION - Whether Courts are allowed to speculate
HELD:
"Courts cannot speculate in the absence of evidence.
JUDICIAL NOTICE - Facts which the Court must take judicial notice of
HELD:
CROSS-EXAMINATION - Effect of failure to cross-examine a witness on material point
HELD:
"...See OFFORLETTE VS STATE (2000) LPELR-2270 (SC) where ACHIKE, JSC at 24-25 propounded the position of the law thus:
ADDUCED EVIDENCE - Effect where a plaintiff fails to adduce satisfactory evidence to prove what was asserted
HELD:
PLEADINGS - Effect of failure to call evidence in support of pleadings
HELD:
