CORAM
S. M. A. BELGORE
AMINA AUDI WAMBAI
I. L. KUTIGI
OBANDE FESTUS OGBUINYA JCA
U. MOHAMMED
PARTIES
AYAMI EBAK IROM APPELLANTS
IREK OKIMBA RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff sent his caretaker and sisters to harvest his cassava on his farm for garri, which they did. Later the Chief Awassam, sent for the appellant, on getting there a crowd had gathered including the defendant to the hearing of all, the Chief informed the plaintiff that the defendant complained that he (plaintiff) stole the cassava belonging to the wife of the defendant.
HELD
The Court held that this appeal succeeds and the matter is sent back to the court of Appeal before a different panel to decide the issues between the parties and any other issues they may decide to raise in the appeal.
ISSUES
Whether the court below erred when it suo motu raised an entirely new issue for the parties, without inviting parties to address it on the issue.
RATIONES DECIDENDI
CASES CITED
NIPOL Ltd vs. Bioku Investment & Properties Co. Ltd. (1992) 3 NWLR (Pt. 232) 727
STATUTES REFERRED TO
Not Available|