GEORGE ERABOR VS INCAR NIGERIA LIMITED
August 9, 2025OYEBISI AFOLABI USENFOWOKAN VS SULE SALAMI IDOWU & ANOR
August 9, 2025Legalpedia Citation: (1975) Legalpedia (SC) 87231
In the Supreme Court of Nigeria
Fri Apr 18, 1975
Suit Number: SC. 233/1974
CORAM
TASLIM O. ELIAS, JUSTICE, SUPREME COURT
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT
PARTIES
JOHN HOLT & CO. LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiff/Respondent got judgment against the Defendant/Appellant in the High Court of Onitsha for the payment of the sum of £668.13.11d being amount due to the Plaintiff/Respondent. Dissatisfied with the judgment, the Defendant/Appellant brought this appeal.
HELD
Appeal allowed.
ISSUES
None.
RATIONES DECIDENDI
STATUS OF JUDGEMENT THAT IS BASED ON A CLAIM NOT CANVASSED BY EITHER OF THE PARTIES TO A SUIT
We are, therefore, of the opinion that the learned trial Judge had based his judgment on a claim not canvassed by either party before him. The appeal, therefore, succeeds and it is allowed. PER G S SOWEMIMO JSC
CASES CITED
None.
STATUTES REFERRED TO
None.
