AFEHE HUMBE VS THE STATE
August 11, 2025THE STATE V. SAMSON GALI
August 11, 2025Legalpedia Citation: (1974) Legalpedia (SC) 01781
In the Supreme Court of Nigeria
Thu May 23, 1974
Suit Number: SC. 153/1974
CORAM
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
OLUFUNLOLA OYELOLA ADEKEYE, JUSTICE, SUPREME COURT
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT br/>
PARTIES
MESSRS. MISR (NIG.) LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent admitted collecting the goods for which the appellants claim is based but contended that he acted as agent of the 2nd defendant or the appellant. The appellants claim was dismissed on the grounds that the cause of action ought to have been for account.
HELD
The court held that the appellants claim ought to have been granted being a specific claim which was admitted by the respondent.
ISSUES
Whether the learned trial Judge was right to have dismissed the appellants claim having regards to the evidence before it.
RATIONES DECIDENDI
LIABILITY OF AN AGENT
where as here there is no dispute as to the receipt of goods, the value of which is ascertained, it is open to the principals, without going into an action for account, to sue the agent for the ascertained sum which they claim the defendant was owing them. Per Coker J.S.C
ASCRIPTION OF PROBATIVE VALUES TO EVIDENCE
The assessment of evidence and the ascription of probative values to such evidence are the duty of a court of trial but a court of appeal would intervene and interfere if it is satisfied that the trial court had failed to draw the correct inferences from proved or accepted facts or has wrongly assessed the probative values of undisputed evidence. Per Coker J.S.C
CASES CITED
STATUTES REFERRED TO
