CORAM

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OLUFUNLOLA OYELOLA ADEKEYE, JUSTICE, SUPREME COURT

EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)

DANIEL O. IBEKWE, JUSTICE, SUPREME COURT

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PARTIES

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BADER TABBAA

APPELLANTS 

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O.R. LABABEDI

RESPONDENTS 

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AREA(S) OF LAW

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EVIDENCE – RECALL OF WITNESSES-PRACTICE AND PROCEDURE

 

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SUMMARY OF FACTS

The respondent brought an application to recall witnesses which testified in his absence after his case was closed.

 

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HELD

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The court held that the application was properly brought and granted in the interest of justice.

 

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ISSUES

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whether by virtue of the provisions of Order LII Rule 2 a Judge can order the recall of witnesses for cross-examination by a party which was absent when that witness gave evidence.

 

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RATIONES DECIDENDI

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POWER TO CALL OR RECALL A WITNESS

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With respect to the power to call or recall a witness at the instance of either of the parties, there is abundant authority to the effect that a Judge or court has a discretion and where, as in this case, the proceedings have gone on to the stage where the hearing of evidence has been concluded, the discretion of the Judge or court is more limited but is certainly not forbidden. Per Coker J.S.C

 

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CASES CITED

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1. Ogbodu v. Odogha & Anor. (1967) NMLR 221;

2. Bellgam v. Bellgam (1965) 1 All NLR 106

 

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STATUTES REFERRED TO

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The Supreme Court Procedure Rules

 

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