May 11, 2025
Legalpedia Citation: (2013-12) Legalpedia (SC) 08911 In the Supreme Court of Nigeria Fri Dec 20, 2013 Suit Number: SC.26/2007 CORAM PARTIES U. T. C. NIGERIA PLC? APPELLANTS ALHAJI […]
CORAM
PARTIES
U. T. C. NIGERIA PLC? APPELLANTS
ALHAJI ABDUL WAHAB LAWAL
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiff brought an action against the Defendant for breach of a hire purchase agreement at the High Court claiming the sum of N437,832.07 being the balance of his debt, while the Defendant counter- claimed for the sum of N1, 264, 200.00 as damages. At the trial the Plaintiff abandoned this case mid-way into trial, which made the trial judge to close his case and proceed to hear the counter-claim. The trial Court entered an order of non-suit against the Plaintiff and dismissed the counter claim. The Plaintiff did not appeal against the non-suit order but the Defendant’s appeal against the decision of the trial court dismissing the counter–claim was successful and the lower court awarded damages to the tune of ?1, 264, 200.00. The Plaintiff as Appellant not satisfied has appealed against the judgment of the Court of Appeal to this court.
HELD
Appeal Dismissed
ISSUES
1. Whether having regard to the facts and circumstances of this case, Exhibits 4, 5, 6, and 7 were legally admissible regardless of the provisions of Section 91 (3) of the Evidence Act.?
2. Whether the Court of Appeal properly evaluated the evidence in overturning the decision of the trial court and allowing the appeal in the court below?
RATIONES DECIDENDI
CASES CITED
Mogaji vs Nig. Army (2008) 8 NWLR (Pt.1089) 338Ogbuanyinya &ors vs Okuda (1979) 6-9 SC 32;Fadlallah vs Arewa Textiles Ltd. (1997) 7 SCNJ 202 @ 217Dalek Nig. Ltd. Vs OMPADEC (2007V ALL FWLR (Pt.364) 204 @ 236ACN Vs Lamido &Ors. (2012) 8 NWLR (Pt.1303) 560 @ 592Abubakar Vs Chuks (2007) 18 NWLR (Pt.1066) 386 @ 403Barkway Vs South Wales Transport Co. Ltd. (1949) 1 KB 54HighGrade Maritime Services Ltd. Vs First bank of Nigeria Ltd (1991) 1 NWLR (Pt.167) 290;Holton Vs Holton (1946) 2 All ER 534 at 535; Nigeria Social Insurance Trust Vs. Klifco Nigeria Ltd(2010) 13 NWLR (Pt.1211) 307
STATUTES REFERRED TO
Evidence Laws cap 39 Laws of the Lagos state of Nigeria 1993″.
Evidence Act 2011(as amended).