(2005) JELR 45184 (SC)    
Supreme Court  ·  SC.98/2002 ·  27 May 2005 ·  Nigeria
Other Citations
KTP Ltd. v. G & H (Nig.) Ltd. (2005) 13 NWLR (Pt.943)680 (2005) 5 S.C (Pt II) 140 (2005) 5 S.C (Pt II) 140
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Supreme Court of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
grounds of appeal
fair hearing
ground of appeal
judgment of the trial court
learned trial judge
decision of the court of appeal
leading judgment
mixed law
trial court
competency of the appeal
kano high court
sole issue
sum of usd
case of the appellant
clear view
competency of this appeal
court of first instance
drawer of several bills of exchange
fairness of the trial
ground of law simpliciter
hearing of the appeal
inevitable result of this inadvertence of the appellant
instant appeal
judgment of salami
judgment of the court of appeal
leave of court
light of the foregoing principles
main attack
main plank of the preliminary objection
notice of appeal
notice of preliminary objection
observation of the learned trial judge
only issue
particular ground
presence of counsel
present appeal
rule of audi alteram partem
said grounds of appeal
united states of america dollars

EDOZIE, J.S.C. (Delivering the Leading Judgment): Apart from the objection to the competency of this appeal, the narrow and the only issue canvassed in the appeal relates to the fairness of the trial in the court of first instance being the Kano High Court in a case in which the respondent as plaintiff, sued the appellant therein defendant, claiming the sum of USD 341,759.79 being the balance of the price of goods supplied to the defendant. In the alternative, the plaintiff claimed against the defendant as the drawer of several bills of exchange for the balance of the total sum due in the amount of USD 341,759.79 payable to the plaintiff which bills were duly presented for payment and dishonoured to the acknowledgment of the defendant.

Pleadings were duly filed, exchanged and amended and thereafter the trial commenced after several adjournments before it was eventually concluded and judgment delivered. As a complaint predicated on fair hearing has to do with the procedure at the tria…

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