(1972) JELR 50546 (SC)    

Supreme Court  ·  SC.238/1972 ·  6 Dec 1972 ·  Nigeria
Other Citations
(1972) All N.L.R 896 (1972) 12 S.C. 20
TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria
Core Terms Beta
additional evidence
mr. osinupebi
federal government
hire-purchase agreement
trial judge
white book
attorney-general of the federation
basis of the claim
case of mathew udo oton v
civil matters
claim of the appellant
criminal case
dangerous precedent
exceptional circumstances
furtherance of justice
gross negligence
guarantee agreement of 26th april
high court maiduguri
judgment of hague j.
latter event
learned trial judge
leave of the court
lower court
oral examination
political crisis
production of the hire-purchase agreement
refund of 709pounds
respect of the english rules of the supreme court
ruling of the court
special treatment
suit no. nem
support of his application
support of his original case
t. o. elias
trial court
view of the provision of our order
w. a. c. a.

T. O. ELIAS, C.J.N. (Delivering the Ruling of the Court): In this appeal, the appellant is appealing against the judgment of Hague J., in the High Court Maiduguri, in Suit No. NEM/2/70, in which the claim of the appellant, therein plaintiff, for the refund of 709pounds:10:10d from the defendant/respondent was dismissed by the learned trial judge mainly on the ground that the hire-purchase agreement, the basis of the claim, had merely been pleaded but not produced at the trial and that clause 4 of the guarantee agreement of 26th April, 1965 does not provide for the Federal Government to make any further claim once the car was repossessed and sold.

Mr. Osinupebi, learned counsel for the appellant, sought leave of the court to file additional evidence. Learned counsel referred to the case of Mathew Udo Oton v. R. 12 W. A. C. A. 212 in support of his application to file additional evidence, although he conceded that this is a criminal case, and not a civil one. He submitted that there ar…

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