Presumptions

In the case at hand the presumption of regularity enures to the appellant. His brief is to be presumed as having been regularly filed and therefore competent until the presumption is, by concrete facts, rebutted. By Section 168 (1) of the Evidence Act 2011 recognition and validity must be accorded the appellant's brief of argument that has been duly processed. See Aliu Bello V. AG Oyo State (1986) 12 SC 1 and Citec International Estate & ors V. Francis & ors (2014) LPELR-22314 (SC).
The 1st respondent's failure to establish when the record of appeal was served on the appellant constitutes and amounts to inability to rebut the presumption that appellant's brief has been regularly filed. The objector cannot seriously insist that the time of filing the brief has lapsed and the brief as filed is incompetent. In the particular circumstance of the instant appeal, be it re-emphasized, the fundamental issue of jurisdiction the appeal raises entitles the appellant to argue his appeal even viva voce. See Omomeji V. Kolawole (2008) 14 NWLR (pt 1106) 180. 1st respondent's objection resultantly fails. It is overruled.

ENEH v. NIGERIA DEPOSIT INSURANCE CORPORATION & ORS LGC(6/7/2018)B

Dw4 in the course of his evidence insisted that the appellant executed the contract awarded to it and was issued with a certificate of job completion but fell short of tendering that certificate in evidence as a mark of performance or execution of contract. The evidence of Pw6 can only be controverted on this point by the production of such certificate but failed to do that hence the presumption under Section 167(d) of the Evidence Act can and same is hereby invoked against the appellant in that a Court may presume the evidence which could be and is not produced could, if produced be unfavourable to the person who, withholds it. See Aremu Vs. State (1991) 7 NWLR (Pt. 201) 1, 17-18; Mozie Vs. Mbamalu (2006) 15 NWLR (Pt. 1003) 466; Sunday V. State (2014) LPELR-24415(CA).

Al-Akim Investment Nigeria Limited v. F.R.N. & ANOR LGC(2/3/2018) D