BOOTHIA MARITIME INC. V FAREAST MERCANTILE CO. LTD.
June 24, 2025ANTHONY IBHAFIDON VS SUNDAY IGBINOSUN
June 24, 2025Legalpedia Citation: (2001) Legalpedia (SC) 31010
In the Supreme Court of Nigeria
Fri Apr 20, 2001
Suit Number: SC. 159/1997
CORAM
ADOLPHUS GODWIN KARIBI-WHYTE, JUSTICE, SUPREME COURT
OKAY ACHIKE, JUSTICE, SUPREME COURT
EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT
PARTIES
NARINDEX TRUST LIMITEDLAWAL ALHASSAN APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent, as plaintiff, claimed against the appellants, jointly and severally, the sum of N18, 550,763.94 plus interest at the rate the appellants also filed a counter-claim against the respondent claiming the sum of N 30,000,000.00
HELD
Appeal dismissed and the decision of Court of Appeal affirmed
ISSUES
whether the learned Justices of the Court of Appeal erred in setting aside the award of N 12.1 million to the 1st Appellant on its counter-claim in spite of the respondents’ admission
RATIONES DECIDENDI
WEIGHT TO BE ATTACHED TO ADMISSION.
Admissions per se do not constitute conclusive evidence of the matter admitted, the court in considering the worth of such admissions must take into account the circumstances under which they are made and the weight to be attached thereto PER. U.A. KALGO, JSC..
CASES CITED
Kamalu v. Ummunna (1997) 5 NWLR (Pt. 627) 349;Nwankwo v. Nwankwo (1995) 5 NWLR (Pt. 394) 153 at 171;
STATUTES REFERRED TO
Order 23, rule 1 of the Kano State High Court (Civil Procedure) Rules, 1998.Section 19 of the Evidence Act?
