Legalpedia Citation: (2010) Legalpedia (SC) 11158
In the Supreme Court of Nigeria
Fri Feb 19, 2010
Suit Number: SC 264/2002
CORAM
PARTIES
KAYDEE VENTURES LTD. APPELLANTS
THE HON. MINISTER OF FED. CAPITAL TERRITORY
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant who is a limited liability company was invited to submit tenders for the government and she was awarded the contract but was terminated shortly afterwards. He won at the trial court which judgment was upturned by the court of appeal. They have further appealed.
HELD
Appeal allowed and the decision of the trial court is restored and affirmed.
ISSUES
RATIONES DECIDENDI
THE TOTALITY OF EVIDENCE MUST BE CONSIDERED.
“The totality of the evidence should be considered in order to determine which has weight and that which carries no weight at all.” Per MUHAMMAD J.S.C
PARTIES ARE BOUND BY THEIR CONTRACT.
“Where a legally permitted contract has been concluded by parties to it, the parties become bound by the terms and conditions provided therein.” Per MUHAMMAD J.S.C
PURPOSE OF AN EXPERT WITNESS
“An expert must be called as a witness before he can give evidence in court and his evidence is necessary where he can furnish the court with scientific or other information of technical nature that may be outside the experience and knowledge of the judge”. Per MUHAMMAD J.S.C
AVERMENTS NOT SUPPORTED BY EVIDENCE.
“The trite position of the law of pleading is that where an averment has not been supported by evidence, that averment is deemed abandoned and must be struck out by the court.” Per MUHAMMAD J.S.C
CASES CITED