ALHAJI AMINU ISHOLA V. UNION BANK OF NIGERIA LIMITED
June 10, 2025CHIEF JOSHUA ALAO V. ALFA ISSA AKANO
June 10, 2025Legalpedia Citation: (2005) Legalpedia (SC) 11161
In the Supreme Court of Nigeria
Fri Feb 18, 2005
Suit Number: SC.298/2000
CORAM
SALIHU MODIBBO ALFA BELGORE JUSTICE,SUPREME COURT
UDOMA, JUSTICE, SUPREME COURT
UMARU ATU KALGO JUSTICE, SUPREME COURT
DENNIS ONYEJIFE EDOZIE JUSTICE, SUPREME COURT
PARTIES
E.O FALOLA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The trial judge granted the appellant summary judgment on a letter of admission which the respondent denied ever making in its pleadings and affidavit in opposition to the application for summary judgment.
HELD
The court held that the trial court was wrong to have granted summary judgment in the circumstances of the case without first resolving the conflict in the evidence before the court.
ISSUES
1. Whether the court of First Appeal was right in holding that the judgment of Longe J. dated 19th April, 1996 was a final judgment.2. In the alternative, whether the Court of Appeal was right in holding that there exists (sic) irreconcilable affidavit evidence requiring calling oral evidence to clear before the court of trial
RATIONES DECIDENDI
CASES CITED
1) Omonuwa V. Osbodin (1985) 2 NWLR (Pt.) 938; 2) Akinsanya V. UB.A (1986) 4 NWLR (Pt.35) 273; 3) Ude V. Agu (1961) 1 ALL NLR 61; 4) Chike Obi V. D.P.P (No. 2) 1961 ALL NLR 458; 5) Akintola V. Aderemi (1962) 1 ALL NLR 461
STATUTES REFERRED TO
The Constitution of the Federal Republic of Nigeria 1999?
