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CaseLaw

Oyewole V. Oyekola (1999) CLR 7(x) (CA)

Brief

  • Presumptions
  • Burden of proof in civil cases

Facts

The appeal is against the judgment of the Election tribunal of Oyo State delivered on 9/2/99 which dismissed the petition of the appellant contesting the return of the 1st respondent as the winner of the polls held on 5/12/98 during which the appellant, a member of the PDP political party vied with the 1st respondent and one Mr. Ayo Olaleye Robert who contested on the platform of the APP and AD political parties respectively for the chairmanship of Atiba Local Government of Oyo in Oyo State. In the petition the appellant agitated that the 1st respondent's election was void because he was not duly elected and prayed that the appellant be declared elected in place of the 1st respondent or in the alternative, his election should be nullified and a bye-election ordered.

Dissatisfied with the judgment of the Tribunal theappellant appealed.

Issues

  • 1
    Whether the failure of the 2nd – 4th respondents to file a reply and/or call...
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