CHIEF J. O. EDEWOR V. CHIEF M. UWEGBA & ORS
July 21, 2025HENRY STEPHENS ENGINEERING. CO. LTD. V. COMPLETE HOME ENTERPRISES NIG. LTD
July 21, 2025Legalpedia Citation: (2022-03) Legalpedia 34894 (SC)
In the Supreme Court of Nigeria
Holden At Lagos
Fri Jan 23, 1987
Suit Number: S.C. 109/1985
CORAM
UWAIS,JUSTICE SUPREME COURT
ESO, JUSTICE SUPREME COURT
OBASEKI,JUSTICE SUPREME COURT
NNAMANI, JUSTICE SUPREME COURT
OPUTA, JUSTICE SUPREME COURT
PARTIES
H. A. WILLOUGHBY
APPELLANTS
INTERNATIONAL MERCHANT BANK (NIG) LTD
RESPONDENTS
AREA(S) OF LAW
PRACTICE AND PROCEDURE
SUMMARY OF FACTS
The appellant instituted an action against the respondent for refund of the money he paid for a purported rice consignment delivery. The court found for him,and an appeal at the court of appeal by the respondent was allowed, hence this present appeal.
HELD
Dismissing the appeal.
ISSUES
Not Available
RATIONES DECIDENDI
RE-OPENING OF CASE
It is not in the interest of justice for an arbiter to grant an indulgence that would, after the close of that case, upon the oral and documentary evidence, permit the Plaintiff to reopen the case and have a second bite at the cherry. Per Eso JSC
PROCEDURE OF TRIAL
After the close of the case by the Plaintiff (or the party beginning the other party (presumably the defendant) shall be at liberty to “state his case” that is, by outlining to the Court the nature of his case and the evidence he intends to lead thereupon. After such evidence, he sums up and makes comment upon the case. If the other party (presumably the defendant) calls no evidence after this, the plaintiff (or the party beginning) has no right of reply.
The only exception to this rigour is, if the plaintiff (or the party beginning) has been prevented from summing up his case – the prevention being the statement of the other party (presumably the defendant) that he intends to call evidence.
It is then after this, that the case on both sides is regarded as closed. What should follow is “addresses”. But before then, the other party, that is the one who did not begin, (presumably the defendant) might have called or read evidence. Per Eso JSC.
CASES CITED
Ogbodu v. Odogbo and Anor
STATUTES REFERRED TO
Lagos State (High Court) Civil Procedure Rules
