CORAM

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MOORE A.A. ADUMEIN JUSTICE, COURT OF APPEAL

TANI YUSUF HASSAN JUSTICE, COURT OF APPEAL

MOHAMMED MUSTAPHA JUSTICE, COURT OF APPEAL

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PARTIES

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PRINCE OIL LIMITED

APPELLANTS 

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GUARANTY TRUST BANK PLC

RESPONDENTS 

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AREA(S) OF LAW

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APPEAL, CRIMINAL LAW AND PROCEDURE, DAMAGES, LAW OF CONTRACT, PRACTICE AND PROCEDURE, WORDS AND PHRASES

 

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SUMMARY OF FACTS

The Plaintiff/Appellant is a customer of the Defendant/Respondent who is in the banking business. The Plaintiff/Appellant had accused the Defendant/Respondent of fraudulently deducting from the money in his account with him. The Plaintiff/Appellant had claimed the total sum of 10 million Naira as damages against the Defendant/Respondent. The Defendant/Respondent on the other hand had counter claimed against the Plaintiff/Appellant for breach of the loan contract between them. The trial court after hearing from parties, dismissed the claims of the Plaintiff/Appellant and granted the Defendant/Respondent’s counter claim as damages. Dissatisfied the Plaintiff/Appellant appealed by a notice of appeal filed on four grounds.

 

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HELD

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Appeal Allowed in part

 

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ISSUES

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Whether from the evidence at the trial the respondent breached the duty of care owed to the appellant in deducting the sum of N1,312,000.00 from its account.

Whether the respondent is entitled to the award of N250; 000.00 in damages.

 

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RATIONES DECIDENDI

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ISSUES FOR DETERMINATION- RULE GOVERNING FORMULATION OF RESPONDENT’S ISSUES FOR DETERMINATION IN AN APPEAL

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“Though a respondent is entitled to frame his own issues for determination which may be the same or entirely different from those formulated for the appellant, those issues must of necessity be distilled from and related to the grounds of appeal filed by the appellant. If a respondent wants to raise an issue for the first time on appeal in the Court of Appeal, then that respondent ought to ask for leave of court to do so, failing which he will be left high and dry; see NAWA V, Attorney General Cross River State (2008) All FWLR part 401 at 827. The law is clear that any issue formulated by the Respondent outside the Appellant’s grounds of appeal is incompetent and liable to be struck out – see Ojegbe V. Omatsone (1999) 6 NWLR (Pt 608) 591 SC.” PER. M. MUSTAPHA. J.C.A

 

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CASES CITED

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None

 

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STATUTES REFERRED TO

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Evidence Act

 

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