GRACE BOMS V. THE STATE
August 27, 2025S. A. OLAWALE V. THE ATTORNEY GENERAL OF THE FEDERATION & TOTAL OIL PRODUCTS (NIG.) LTD
August 27, 2025Legalpedia Citation: (1971) Legalpedia (SC) 11185
In the Supreme Court of Nigeria
Mon Nov 29, 1971
Suit Number: SC. 93/1970
CORAM
ADEMOLA, CHIEF JUSTICE, NIGERIA
LEWIS, JUSTICE, SUPREME COURT
ELIAS, CHIEF JUSTICE OF NIGERIA
PARTIES
BORNU HOLDING CO. LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff claims from the defendant the sum of £45,571-3s-9d being the value of 1,255 tons of groundnuts sold and delivered by the plaintiff to the defendant as well as the value of 16,315 jute bags, agency commission, and transport charges on the delivery of the said tons of groundnuts to the defendant.
HELD
The Court held that the learned trial judge did not satisfactorily deal with the issues before him and was in error in the examination of evidence. It therefore ordered for rehearing.
ISSUES
Whether the plaintiff had, as he claimed, purchased the 1,255 tons with his own money and sold and delivered them to the defendants for £30-14s-3d per ton, or whether, as the defendants claimed, the plaintiff brought farmers to the defendants who paid the farmers direct for their groundnuts and that on those transactions the plaintiff was entitled to commission of 10s a ton on the 1,255 tons, namely £627-10s-Od.
Whether the learned trial judge relied on matters which he should not have done in the way he did to coming to the conclusion that he did not accept the defendants case.
RATIONES DECIDENDI
THE DIFFERENCE BETWEEN A TRIAL AND AN INVESTIGATION
A trial is not an investigation, and investigation is not the function of a court. A trial is the public demonstration and testing before a court of the cases of the contending parties. The demonstration is by assertion and evidence, and the testing is by cross-examination and argument. The function of a court is to decide between the parties on the basis of what has been so demonstrated and tested. Per Lewis, JSC
WHEN A PARTY IS ENTITLED TO JUDGMENT
A plaintiff is only entitled to judgment if a trial Judge believes and accepts his evidence and if such evidence supports his case. Per Lewis, JSC
EVIDENCE AFTER CLOSE OF TRIAL
Where it is necessary that a point or points arising for determination in a case should be further clarified by evidence after the close of the trial, it is the duty of the court trying the case to invite the parties to supply such evidence or explain such point or points and it is wrong for the court in these circumstances to substitute its own view for matters on which there should be, and there was no, evidence before the court. Per Lewis, JSC
THE DIFFERENCE BETWEEN A TRIAL AND AN INVESTIGATION
A trial is not an investigation, and investigation is not the function of a court. A trial is the public demonstration and testing before a court of the cases of the contending parties. The demonstration is by assertion and evidence, and the testing is by cross-examination and argument. The function of a court is to decide between the parties on the basis of what has been so demonstrated and tested. Per Lewis, JSC
CASES CITED
Queen v. Wilcox (1961) All NLR 631
Muhammadu Duriminiya v. Commissioner of Police (1961) NRNLR 70
Owe v. Oshinbajo (1965) 1 All NLR 72
The United Africa Company Ltd. v. The Commissioner of Police (WACA 2889-2924, July and October 1948, cyclostyled WACA Reports, p.72)
STATUTES REFERRED TO
