IWEKA
V.
S.C.O.A. (NIGERIA) LTD

(2000) JELR 44196 (SC)    

Supreme Court  ·  SC.231/1992 ·  10 Mar 2000 ·  Nigeria
 · 
Other Citations
Iweka v. S.C.O.A. (Nig.) Ltd. (2000) 7 NWLR (Pt.664)176-350 (2000) 3 S.C 21
CORAM
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria
Core Terms Beta
appeal
plaintiff
order
court of appeal
motions
further evidence
high court
breach of contract
instant case
lower court
trial court
interlocutory appeal
court of appeal relist
decision of the trial court
detention of the said car
issue nos
leading judgment
main appeal
new peugeot
saloon car
substantive appeal
suit no.o
above reasons
amended statement of claim
better part
brief comment
case of sylvanus mortune v
clear cases
conflicts of evidence
defendant of the contract
excess of the grounds of appeal
fresh motion
high court of anambra state
humble view
irrelevant issues
issues of the day
latter case
learned counsel
learned trial judge
matter of the amendment of an action
meritorious amendment
motion of 30th august
onitsha high court
proposed bloated amended figures
ruling of the court of appeal
see biode pharmaceutical ind
such issues
summary vide pages

ONU, J.S.C., (Delivering the Leading Judgment): This interlocutory appeal by the Plaintiff/ Appellant (hereinafter in this judgment referred to shortly as Appellant) is against the ruling of the Court of Appeal, Enugu given on 14th July, 1992 disallowing three motions filed by him on 30th August 1991, 7th February, 1992 and 3rd June, 1992 respectively, in which he sought to amend his appeal (still pending in the Lower Court) and to introduce further evidence therein, it is pertinent to point out in addition, that the action whose tortuous but humble origin commenced in the High Court of Anambra State before Iguh, J. (as he then was) sitting at Onitsha in Suit No.O/241/86, wherein the Appellant's claim in paragraph 13 of the Amended Statement of Claim it is averred as follows:-

"(i) Specific performance by the Defendant of the contract between the parties for the delivery by the Defendant to the Plaintiff of a 504 G.R. air-conditioned Saloon Car.

OR

In the preferred alternative:-

An or…

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