SUNDAY EMEZUE V. E.E.O. OKOLO & ORS
August 4, 2025PHARMACISTS BOARD OF NIGERIA & ORS V. S.O. ADEBESIN & CO. LTD
August 4, 2025Legalpedia Citation: (1978-05) Legalpedia (SC) 11191
In the Supreme Court of Nigeria
Fri May 12, 1978
Suit Number: SC. 131/1976
CORAM
OGUNDARE, JUSTICE, SUPREME COURT
MOHAMMED BELLO, JUSTICE, SUPREME COURT
ANIAGOLU JUSTICE, SUPREME COURT
PARTIES
1. TOTAL (NIG.) LTD
2. NWANKWO OKOAKPU
APPELLANTS
1. WILFRED NWAKO
2.NWEKE NWARATA (For themselves and or and on behalf of the Urumpi Communiyu in Orofia Village, Abagana)
RESPONDENTS
AREA(S) OF LAW
COURT – EVIDENCE- RETRIAL- PLEADINGS
SUMMARY OF FACTS
The trial judge gave judgment in favour of the respondents in a claim for declaration of title without properly evaluating the evidence led. There were so many errors in summation of facts which were contrary t the respondents claim.
HELD
The court allowed the appeal and ordered a retrial.
ISSUES
Whether the learned trial judge was right in his evaluation of the evidence led before him.
RATIONES DECIDENDI
WHEN AN ORDER OF RETRIAL MAY BE MADE
Where it is established before a court of appeal that vital issues which depend much on the appraisal and evaluation of the evidence are left undetermined, a case for a retrial is made out for such a failure has occasioned a miscarriage of justice – Obaseki J.S.C
BINGINGNESS OF PLEADINGS ON PARTIES
Parties are bound by their pleadings and they are not allowed without amendment of their pleadings to go outside them in establishing their case – Obaseki J.S.C.
CASES CITED
Aderemi v. Adedire (1966) NMLR 398 at 401.
Adenuga v. Lagos Town Council 13 WACA 12
Abimbola George v. Dominion Flour Mills Ltd. (1963) 1 All NLR 71
Idahosa and Anor v. Oronsaye (1959) 4 FSC 166 at page 171
National Investment and Properties Co. Ltd. v. Thompson Organisation Ltd. (1969) 1 All NLR 138
Bibhabati Devi v. Kuma Ramendra Narayan Roy (1946) AC 508 at page 521
O.S. Bada v. Chairman, L.E.D.B. and 5 Ors.
(unreported but see SC. 501/65 of 23rd June, 1967
STATUTES REFERRED TO
Not Available
