CORAM

COKER,, JUSTICE, SUPREME COURT

M.L. UWAISM.E , JUSTICE, SUPREME COURT

U. MOHAMMED, JUSTICE, SUPREME COURT

S.U. ONU JUSTICE, SUPREME COURT

PARTIES

ADESOLA KAREEM APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The cheque which was purportedly issued by Messrs. Robatek Nigeria Limited – an industrial company with headquarters at Lagos, in favour of the appellant was discovered missing.

HELD

In the result, this appeal, fails in the main. The decision of the Court of Appeal is upheld but varied with regard to the participation of the 2nd respondent in the retrial it ordered. It is accordingly hereby ordered that the case be remitted to the High Court of Oyo State for retrial before another Judge, other than Ademakinwa, J. All the parties herein shall participate in the retrial. The 1st respondent is entitled to N1,000.00 costs against the appellant.

ISSUES

Whether the Court of Appeal was right in ordering a retrial and if so, whether the 2nd respondent should be exempted from being a party to the retrial.

RATIONES DECIDENDI

CASES CITED

Onifade v. Olayiwola (1990) 7NWLR (Pt.l61) 458, Adio, J.C.A.

STATUTES REFERRED TO

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