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GABRIEL IWUOHA V NIGERIAN POSTAL SERVICES LTD.

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GABRIEL IWUOHA V NIGERIAN POSTAL SERVICES LTD.

Legalpedia Citation: (2003) Legalpedia (SC) 34101

In the Supreme Court of Nigeria

Fri Apr 11, 2003

Suit Number: SC. 87/1999

CORAM


AUGUSTINE NNAMANI, JUSTICE SUPREME COURT


PARTIES


1. GABRIEL IWUOHA 2. GEOFFREY OBIOHA (FOR THEMSELVES AND ON BEHALF OF UMUELEMAI COMMUNITY MBANO) APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The Mbano League built a Sub-Postal Office on a land donated by the appellants’ community. The Nigerian Postal Services Limited, the apparently dormant 1st respondent, transferred the postal agency called Umuduru Postal Agency into a new building, but retained the old name of Umuduru, thereby naming the sub-post office Umuduru Sub-Post Office.


HELD


Appeal dismissed


ISSUES


“(1) Was the court below right in re-evaluating the evidence rendered in the court of trial and coming to a different conclusion?(2) Was there any fault in the re-evaluation which occasioned a miscarriage of justice?”?


RATIONES DECIDENDI


FUNCTION OF GROUNDS OF APPEAL AND PARTICULARS


“The major function of a ground of appeal is to let the respondent know the complaint the appellant has against the judgment of the court. The essence of particulars is, as the name implies, to particularise in specific language the grounds of appeal. In other words, where grounds of appeal are not explicit, particulars will fill the space by stating the specific details.” Niki Tobi, JSC.


CASES CITED


Okpala V. Ibeme (1989) 2 NWLR (Pt. 102) 208Ehot V. The State (1993) 4 NWLR (Pt. 290) 644Din V. African Newspapers of Nigeria Ltd. (1990) 3 NWLR (Pt. 139) 392


STATUTES REFERRED TO


NONE


CLICK HERE TO READ FULL JUDGMENT

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