OZANA UBIERHO V. THE STATE
June 11, 2025CHIEF E.W.J. WOHEREM JP V JOEL EMEREUWA
June 11, 2025Legalpedia Citation: (2004) Legalpedia (SC) 61005
In the Supreme Court of Nigeria
Fri Jul 2, 2004
Suit Number: SC. 142/2000
CORAM
MOHAMMED LAWAL GARBA
SYLVESTER UMARU ONU JUSTICE, SUPREME COURT
DENNIS ONYEJIFE EDOZIE JUSTICE, SUPREME COURT
PARTIES
1. M. S. C. EZEMBA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent pleaded that it supplied 52,032.9 metres alumininim conductor to the appellant and gave oral evidence to the effect even though it pleaded documentary evidence. The appellant gave contrary and inconsistent evidence in rebuttal. ?
HELD
The court held by majority (Tobi JSC dissenting) that the Respondent proved the delivery of the cables to the appellant and were thus entitled to the amount claimed.
ISSUES
1. Whether upon a calm view of the pleadings and the evidence, the Court of Appeal below was right when it affirmed the judgment of the court of trial which held that the Respondents had proved that they delivered 52,032.9 metres of aluminium conductor cable to the Appellant. 2. Whether the judgment of the Court of Appeal below represent a dispassionate and full consideration of the issues raised by the Appellant before that court and fully argued in the Appellants brief.
RATIONES DECIDENDI
CASES CITED
Ogidi V. Oliha (1986) 1 N.W.L.R. 1 (Pt.19) 786;Hal1 V. Hart ( 1987) 4 N. W.L.R. (Pt.63) 105, Fasoro V. Beyioku (1988) 2 N.W.L.R. (Pt.76) 263; Akinbinu V. Oseni (1992) 1 N.W.L.R. (Pt.215) 87O. Osawaru V. Simon Ezeiruka (1978) 6 & 7 SC. 135
STATUTES REFERRED TO
None.?
