CIVIL PROCEDURE — Affidavit Evidence — Conflicting Affidavits — Resolution Required at Trial
Ratio Decidendi
Per Adekeye, JSC, in UBN Plc v. Astra Builders (W.A.) Ltd (2010) NLC-123-103-2003(SC) at p. 15, paras. A–C:
"Both parties relied on affidavit evidence in this application where the depositions in an affidavit filed in support of an application is sufficiently challenged by a counter affidavit filed by the opposing party, the conflicting affidavits cannot be basis of exercising properly the discretion of the court without taking oral evidence from the parties to resolve the conflicting evidence. In the instant case where the deposition of parties conflict, the trial court was correct to hold that the issues on which the parties joined issues should be dealt with when document and oral evidence are placed before the court."
Explanation / Scope
This principle establishes that where affidavits conflict, the court cannot properly exercise discretion without taking oral evidence to resolve the conflict. The principle applies where affidavit evidence is contested. It ensures that disputed facts are resolved by evidence. The principle reflects the need for oral evidence in conflict situations. It prevents decisions based on conflicting affidavits. The court must order oral evidence. The principle provides guidance on resolving conflicting affidavits.