CHIEF VICTOR UKWU & ORS VS CHIEF MARK BUNGE
July 2, 2025INCAR (NIG.) PLC & ANOR VS BOLEX ENTERPRISES NIGERIA LTD
July 3, 2025Legalpedia Citation: (1997) Legalpedia (SC) 22103
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Thu Jul 10, 1997
Suit Number: SC.38/1991
CORAM
M.L. UWAIS
M.L. UWAIS, CHIEF JUSTICE, NIGERIA
O. OLATAWURA JUSTICE, SUPREME COURT
PARTIES
A.K. FADLALLAH APPELLANTS
AREWA TEXTILES LIMITED RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant’s claim against the respondent was for a refund of the sum of N804,362.10, being money deposited by the appellant with the respondent for the supply and delivery of textile materials by the respondent to the appellant between in the form of cash, cheques and bank drafts.
HELD
The judgment of the court below remitting this case to the High Court for retrial de novo by another High Court Judge other than Cudjoe, CJ is affirmed.
ISSUES
(1) Whether the Court of Appeal was right in raising suo motu the issues of the rejected cheques when neither the grounds of appeal nor the issues for determination before them directly or indirectly made any reference to the rejected cheques. (2) Whether the Court of Appeal was right in holding that the proforma invoices, delivery notes and waybills were wrongly rejected by the trial court, and were relevant documents which were admissible in evidence and formed part of respondent’s defence to the suit.
RATIONES DECIDENDI
ORDER WHICH A COURT MAY MAKE IN RESPONSE TO THE APPLICATION MADE TO IT
The order which a court may make in response to the application made to it must be confined strictly to the terms of the application because a court, in civil cases, does not make for a party a case which the party does not make for itself.
SUCCESS OF A GROUND OF APPEAL
success of a ground of appeal alone is not sufficient to warrant a reversal of a decision unless the error in law affected the decision in a crucial way
WHEN AN ORDER OF RETRIAL WILL BE MADE
A retrial will be ordered where, as in this case, the trial court wrongly rejected admissible evidence and such wrong rejection has occasioned a miscarriage of justice to the party who adduced the evidence wrongly rejected
CASES CITED
Thanni v. Saibu (1977) 2SC 89 at P.116 Monier Construction Co. Ltd. v. Azubuike, (1990)3 NWLR (Pt. 136)74 at p.86.Odubeko v. Fowler, (1993)7 NWLR; (Pt.308)637Ezeoke v. Nwagbo, (1988) 1 NWLR (Pt.72)686
STATUTES REFERRED TO
Not Available.|
