(1987) JELR 45291 (SC)    
Supreme Court  ·  SC.152/1984 ·  10 Apr 1987 ·  Nigeria
Other Citations
(1987) 4 S.C 152 (1987) All N.L.R 309 (1987)11 SCNJ 11
MOHAMMED BELLO Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria DAHUNSI OLUGBEMI COKER Justice of The Supreme Court of Nigeria
Core Terms Beta
statement of claim
statement of defence
court of appeal
learned trial judge
trial judge
credit customer of the plaintiff
high court
unresolved matters
balance of payment
behalf of his client
bendel state
cash payment
parties present
record of proceedings
said paragraph
sum of n208,174
trial of this action
above admission
account of the defendant
binding nature of a solemn admission
chief a.o. yesufu
complete agreement
course of the conduct
date of judgment
duty of the trial judge
general authority
high court judgment
leading judgment
narrow issue
order of the court of 11th june
part payment of n8,000.00
plaintiffs claim
question of unfairness of trial
reason of the conduct
record shows
remainder of trial
request of mr okpoko case
respect of goods
said sum of n8,000.00
sum n304,574.00
trial court

ANIAGOLU, J.S.C.: (Delivering the Leading Judgment): The narrow issue in this appeal is as to the binding nature of a solemn admission made before pleadings were served, by Counsel, on behalf of his client.

The facts are clear and simple. The Respondent was the plaintiff in the High Court while the Appellant was the defendant. In the Warri High Court of the Bendel State Judiciary, the plaintiff took out a writ of summons against the defendant claiming as follows:

"The Plaintiffs claim is for the sum N304,574.00 being the balance of payment in respect of goods sold and delivered by the plaintiff to the Defendant in Warri, Bendel State between February 1976 and June 1977, on account of the Defendant's request. The plaintiff also claims interest at the rate of 6% per annum to the date of judgment, and thereafter, at 5% until total debt and costs is liquidated. Dated at Warri this 3rd day of January, 1979."

On 5th February, 1979, the case came before Akpata, J. (as he was then) who order…

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