ANTHONY IDESOH & ANOR VS CHIEF PAUL ORDIA & ORS
July 4, 2025CHIEF DAVIDSON OKAFOR IKEANYI VS AFRICAN CONTINENTAL BANK. LTD & ANOR
July 4, 2025Legalpedia Citation: (1997) Legalpedia (SC) 24078
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Thu Feb 20, 1997
Suit Number: SC.161/1989
CORAM
A.B. WALI
Ita George Mbaba JCA
U. MOHAMMED
O. OLATAWURA JUSTICE, SUPREME COURT
A.I. IGUH
PARTIES
JOHN ANDY SONS & CO. LTD. APPELLANTS
NATIONAL CEREALS RESEARCH INSTITUTE RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
SUMMARY OF FACTS
The plaintiff’s claim against the defendant is for”N1,000,000 (One Million Naira) being special and general damages for breach by the defendant of a contract (for the construction of a laboratory block at Uyo in Cross River State) made between the plaintiff and the defendant.
HELD
The appeal fails ad it is accordingly dismissed. The judgment and orders of the court of Appeal are hereby affirmed. N1,000.00 costs is awarded to the respondent against the appellant.
ISSUES
Whether the court of Appeal was right in law in not awarding any amount in favour of the Appellant in respect of plumbing work on a quantum meruit basis or in the alternative remitting the case back to the trial court for the assessment of the amount due to the Appellant in respect of the plumbing work.
RATIONES DECIDENDI
WHEN THE COURT BECOMES FUNCTUS OFFICIO
Once an issue or issues have been raised and determined by the court between the litigating parties, the court becomes functus officio to either direct or allow the parties to re-open the same issues before it for relitigation.
CASES CITED
Odutola v. Kayode (I 994) 2 NWLR (pt. 324) 1|Nnajiofor v. Ukonu (1985) 2 NWL R (pt. 9) 686.
STATUTES REFERRED TO
Supreme Court Rules, 1985|
