MALLAM MOMO GUSAN & ANOR VS PATERSON ZOCHONIS & CO. LTD
September 5, 2025M.S AWOLESI VS NATIONAL BANK OF NIGERIA LIMITED
September 5, 2025Legalpedia Citation: (1962-03) Legalpedia 79494 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Fri Mar 30, 1962
Suit Number: SC 373/1960
CORAM
UNSWORTH, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
BAIRAMIAN, JUSRICE SUPREME COURT
PARTIES
APPELLANTS
ENOCH OLI
RESPONDENTS
AREA(S) OF LAW
LAW OF EVIDENCE—WEIGHT OT EVIDENCE—INGREDIENTS—APPEAL
SUMMARY OF FACTS
The plaintiff/respondent sued the defendant/appellant for damages for malicious prosecution. The judgment was in his favour, being dissatisfied the defendant has appealed to this Court.
HELD
Appeal dismissed
ISSUES
RATIONES DECIDENDI
DISTINCTION BETWEEN MAIN AND COLLATERAL MATTERS
‘Facts directly in issue are to be distinguished from facts which come collaterally into question. The question whether the facts alleged in the pleading and evidence may (though the point was not taken in the court below and there is no specific decision on it) amount to an offence under s, 125A of the Criminal Code is a collateral matter. Per. UNSWORTH F. J.
CASES CITED
Not Available
STATUTES REFERRED TO
The Evidence Act
The Criminal Code
