Legalpedia Citation: (2009) Legalpedia (SC) 71518
In the Supreme Court of Nigeria
Fri Feb 27, 2009
Suit Number: SC. 161/2002
CORAM
SOWEMIMO G.S., JUSTICE, SUPREME COURT
NASIR M., JUSTICE, SUPREME COURT
PARTIES
SAVANAH BANK OF NIGERIA LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The trial court gave judgment against the appellant in the sum of N 1, 700,881.05 being money owed to the respondent. The appellant has appealed the judgment on the ground that the judgment as given on the 28th of Jan 1993 after final addresses on the 22nd of May 1992, was contrary to section 258 of the 1979 Constitution.
HELD
Appeal dismissed.
ISSUES
Whether or not there is evidence in the record to show that the High Court delivered its judgment outside the 3 months periods stipulated in the 1979 constitution and caused a miscarriage of justice to the appellant as a result.
RATIONES DECIDENDI
JUDGEMENT GIVEN OUTSIDE THE 3 MONTHS STIPULATED
What the provision of section 258(1) of the 1979 constitution sought to prevent was the occurring of miscarriage of justice to any of the parties where the writing and delivery of judgment took an unnecessary longer period which could have adverse effect on the mind and intellect of the judge. Per Muhammad, JSC
JUDGEMENT GIVEN OUTSIDE THE 3 MONTHS STIPULATED
Judgment given outside the 3 months stipulated can be saved by the court exercising jurisdiction by way of appeal or review if it is satisfied that the party complaining of such non-compliance has not suffered any miscarriage of justice as a result. Per Ogebe, JSC
JUDGEMENT GIVEN OUTSIDE THE 3 MONTHS STIPULATED
For a party to impugn a judgment delivered after 3 months of final addresses must show that he has suffered a miscarriage of justice as a result. Per Ogebe, JSC
CASES CITED
1. Ojokobolo & Others v. Alamu & Another(1987) 2 NSCC Vol. 18, (Pt. 2) at p.991.
2. Utih v. Onyivwe. (1991) NSCC Vol. 22 Pt. 1, 42
3. Obadiaro v. Uyigue. (1986) NSCC Vol. 17 Pt. 1, 439
STATUTES REFERRED TO
1. 1979 Constitution
2. Constitution (Suspension and Modification) Amendment Decree 1985