JOHN KOBINA SEYS JOHNSON & ORS V. IRENE AYINKE LAWANSON & ORS

COKER, JSC (Delivering the Leading Judgment): During the argument of this appeal the point arose as to the proper construction to be placed on section 129 of the Evidence Act, Cap. 62. Learned counsel for the appellants has submitted that he would rely on the authority of decided cases on the meaning and effect of the provisions of that section of the Evidence Act in support of his appeal, whilst learned counsel appearing for the respondents indicated that he would contend that those decisions on the meaning of section 129 of the Evidence Act upon which the appellants would rely were wrongly decided.

In the course of the judgment of the High Court appealed from, Kazeem A.g. J., as he then was, commenting on the applicability of section 129 of the Evidence Act to the case in hand had observed as follows:

"Furthermore, the deed of conveyance, exhibit 'M' is dated 16th June, 1933 and in my view, the date of the contract in relation to that document, could only be the date of late Ariyo'…