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UWAIFO, J.C.A. (Delivering the Leading Judgment): It seems to me two main issues arose for a decision in the court below. The first is the correct procedure to be taken when a defendant decides not to call evidence in a civil case. In this particular case that will turn on the proper interpretation to be given to or the view to be taken of relevant court rules. The second is whether the plaintiff adduced sufficient evidence upon which the court could pronounce him the owner of the land in dispute and also whether he granted a lease of it to the defendants as Landlord relying on his alleged title thereto. The case was tried by Nkop, J., sitting at the Uyo High Court. On 9th January, 1985, he decided that the plaintiff failed to adduce sufficient evidence under Section 136(1) of the Evidence Act in order that any burden may shift to the defendants.
The plaintiff, now appellant, has attacked that decision. His counsel, Obong Ukot, has with extreme generosity in the advancement of argumen…