OMEGA BANK NIGERIA PLC V O.B.C. LIMITED
June 10, 2025I.F.A. INTERNATIONAL LIMITED & ANOR V LIBERTY MERCHANT BANK PLC
June 10, 2025Legalpedia Citation: (2005) Legalpedia (SC) 47814
In the Supreme Court of Nigeria
Fri Jan 7, 2005
Suit Number: SC. 120/1996
CORAM
PARTIES
1. ALSTHOM S. A 2. SOCIETE GENERALE BANK APELLANT(S) / CROSS RESPONDENT(S)
RESPONDENTS / CROSS APPELLANTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiffs/Appellants sued the Defendant to recover debt owed and also interest on the debt. The court found for the Plaintiffs/Appellant. Dissatisfied, the Defendant/Respondent appealed at the Court of Appeal which allowed the appeal at a majority of 2:1, hence this present appeal against the majority decision. And a cross appeal by the Defendant/Respondent.
HELD
Striking out the main appeal and allowing the cross appeal.
ISSUES
(i) Whether the trial Court had jurisdiction to ask the defendant to open his defence at the time it did when the plaintiff’s witness in the box is yet to conclude his evidence and the plaintiff is yet to announce a closure of its case.(ii) If the first issue is resolved against the cross-appellant, did the trial judge exercise his discretion judicially when the Court refused to grant the adjournment sought for on the 15th of June 1993.
RATIONES DECIDENDI
IMPORTANCE OF ADHERENCE TO PRINCIPLES OF FAIR HEARING.
The principle of fair hearing is fundamental to all court procedure and proceedings, and like jurisdiction, the absence of it vitiates proceedings however well conducted. A.O Ejiwunmi JSC
JUDGES MUST CAREFULLY STUDY RECORDS OF APPEAL.
In any appeal before this Court, it is obligatory for the record of appeal to be read very carefully by the Justices of the Court empanelled to hear and determine the issue or issues raised in any particular appeal raised before the Court. A.O Ejiwunmi JSC
WHEN DOES A DEFENDANT OPENS HIS CASE?
Proper procedure in a trial requires that he who alleges as the plaintiff, must be permitted to close his case before the defendant is required to begin. A.O Ejiwunmi JSC
CASES CITED
AFRICAN CONTINENTAL BANK LTD. CALABER VS JOSEPH AGBANYM 1960 FSC 267/1959 [1960] NSCC 121. Ceekay Traders Ltd. V. Gen. Motors Co. Ltd (1992) 2 NWLR (Pt. 222) 132; 2. Rasaki A. Salu V. Madam Towuro Egeibon (1994) 6 NWLR (Pt. 349) 23.3. Salu V. Egeibon (1994) 6 N.W.L.R. (Pt. 348) 23 at 40; 4. Ceekay Trader V. G.M. Co. Ltd (1992) 2 N.W.L.R. (Pt. 75) 201.5. Elike V. Nwakwoala & Ors (1984) 12 S.C. 301; 6. Isiyaka Mohammed V. Kano N.A. (1968) 1 ALL N.L.R. 424.
STATUTES REFERRED TO
NONE
