SUNDAY NWOSU VS BOARD OF CUSTOMS & EXCISE
July 17, 2025ALHAJI MUFUTAU MOTUNWASE VS. ISAIAH SORUNGBE & ANOR
July 17, 2025Legalpedia Citation: (1988-12) Legalpedia (SC) 64506
In the Supreme Court of Nigeria
Fri Dec 9, 1988
Suit Number: SC. 217/1986
CORAM
NNAMANI JUSTICE, SUPREME COURT
KARIBI-WHYTE JUSTICE, SUPREME COURT
AGBAJE JUSTICE, SUPREME COURT
PARTIES
UWA PRINTERS (NIG.) LIMITED
APPELLANTS
INVESTMENT TRUST COMPANY LTD.
RESPONDENTS
AREA(S) OF LAW
Tayo Oyetibo for the Appellant
Dr. M. Odje, SAN (with him Miss .B Odeyand Charles Ogon ) for the Respondent.
SUMMARY OF FACTS
In 1976, the Plaintiff company contacted the defendant company for a loan of N420,000.00 to set up a printing factory. At the request of the defendant company Plaintiff company submitted a feasibility report. As a result of this report the defendant company offered to grant to the Plaintiff company a loan of N420,000.00 for the venture subject to the conditions stipulated in the offer. The offer was accepted by the Plaintiff and after satisfying all the conditions therein; the defendant refused and failed to honour its own side of the obligations. As a result of that breach the Plaintiff instituted an action.
HELD
APPEAL DISMISSED
ISSUES
Not Available
RATIONES DECIDENDI
CIRCUMSTANCES WHERE THE APPELLANT WOULD REVIEW THE AWARD OF DAMAGES
“The principles upon which an appellate Court will act in reviewing an award of damages are now well settled and can be summarised as follows. An appellate Court is not justified in substituting a figure of its own for that awarded by the lower court simply because it would have awarded a different figure if it has tried the case at first instance. Before the appellate court can properly intervene, it must be satisfied either that the judge, in assessing the damages, applied a wrong principle of law such as taking into account some irrelevant factor or leaving out of account some relevant factor, or that the amount awarded is either so ridiculously low or so ridiculously high that it must have been a wholly erroneous estimate of the damage.” PER WALI J.S.C
CASES CITED
Not Available
STATUTES REFERRED TO
Not Available
