May 12, 2025
Legalpedia Citation: (2013) Legalpedia (SC) 88313 In the Supreme Court of Nigeria HOLDEN AT ABUJA Thu Jun 13, 2013 Suit Number: SC. 318/2006 CORAM PARTIES HALILCO NIGERIA […]
CORAM
PARTIES
HALILCO NIGERIA LIMITED APPELLANTS
EQUITY BANK OF NIGERIA LIMITED RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
Procedural law
SUMMARY OF FACTS
In an action for recovery of liquidated sum, the trial court upon application from the plaintiff, entered judgment against the Defendant. Aggrieved by the decision of the Court, the Defendant appealed to the Court of Appeal where the decision of the trial Court was set aside. The Plaintiff dissatisfied appealed to the Apex Court.
HELD
Appeal Allowed
ISSUES
1. Whether the Court of Appeal was not in error which occasioned a miscarriage of justice when it raised the issue of the competence of Suit No. K/750/2000 suo motu and decided same without giving the parties a hearing. (Distilled from Grounds 1 & 2 of the Grounds of Appeal). 2. Whether the Court of Appeal was not in error which occasioned a miscarriage of justice when it formulated two (2) issues for determination outside the seven (7) grounds of appeal filed before it in Appeal No. CA/K/148/2001 and went ahead to determine the appeal on those two issues without giving the parties a hearing. (Distilled from Ground three (3) of the Grounds of Appeal)
RATIONES DECIDENDI
CASES CITED
Taiwo Osinupebi v. Quadri Saka Saliu (1982) 7 SC 104;|URO v. Obiekwe (1989) 1 NWLR (Pt. 99) 566;|Mohammed Garba v. The State (2000) 4 SCNJ 415|Fabiyi v Adeniyi & Ors (2000) 6 NWLR (Pt. 662) 532 at 534|Kuti & Anor. v Balogun (1978) ALL NLR P6 at 12.|Macfoy v. United Africa Co Ltd (1962) AC 152.
STATUTES REFERRED TO
NONE|