FRANCIS OKAFOR & 10 ORS V. ATTORNEY-GENERAL, ANAMBRA STATE & 2 ORS.
June 10, 2025MKPEN TIZA V. IORAKEPEN BEGHA
June 10, 2025Legalpedia Citation: (2005) Legalpedia (SC) 41411
In the Supreme Court of Nigeria
Fri May 27, 2005
Suit Number: SC. 98/2002
CORAM
KUMAJ BAYANG AKAAHS JUSTICE, SUPREME COURT
DAHIRU MUSDAPHER JUSTICE, SUPREME COURT
DENNIS ONYEJIFE EDOZIE JUSTICE, SUPREME COURT
PARTIES
KANO TEXTILE PRINTERS LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant filed an appeal at the Supreme Court and raised an issue complaining against the decision of the High court.
HELD
The court held that the sole issue for determination complained against the judgment of the trial court, not the decision of the Court of Appeal and struck out the appeal.
ISSUES
Whether the learned trial judge was right when after the proceeding of 12/3/97 adjourned the matter for judgment when the defendant had not cross-examined the plaintiffs witness or presented its own case. Or in the alternative, whether from the circumstances of this case the defendant has been afforded a fair hearing.
RATIONES DECIDENDI
CASES CITED
1. Ojemen v Momodu II (1983) 1 SCNLR 188 at 205;2. Maigoro v Garba (1999) 10 N.W.L.R. (Pt. 624) 555 at 568;3. Akwiwu Motors Ltd and Anor v Sangonuga (1984) 5 SC 184 at 1884. Nigerian National Supply Co. Ltd v Establishment Sima of Vaduz (1990) 7 N.W.L.R. (Pt. 164) 526
STATUTES REFERRED TO
The Constitution of the Federal Republic of Nigeria 1999