NIGERIA ARAB BANK LTD.
V.
BARRI ENGINEERING NIG. LTD.

(1995) JELR 46027 (SC)

Supreme Court 19 Sep 1995 Nigeria
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- The appellant was sued for damages in negligence by the respondent. - The trial judge delivered the judgment in chambers, which the appellant argues is a violation of the Constitution and the rules of court. - The Court of Appeal upheld t

Case Details

Suit Number:SC.1/1994
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI 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 YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria
Counsel:Ademola Akinrele (with him, Ikechi Mgbeoyi) For Appellant F.O. Fagbohungbe (with him, Ayo Ajayi) For Respondent
Other Citations:(1995) 8 NWLR (Pt. 413) 257, N.A.B. Ltd. v. Barri Eng. (Nig.) Ltd.(1995) NWLR (Pt.413)257

BELGORE, JSC (Delivering the Leading Judgment): The appellant was the defendant at the trial High Court. It was sued for damages in negligence by the respondent who claimed that the appellant negligently handled the processing of three letters of credit whereby the respondent suffered substantial loss and damages. After offering of evidence by both parties on their pleadings, and addresses by their respective counsel, the learned trial Judge who heard the case up to this stage in the open court adjourned for judgment to 29th August 1991. On that day, he, for no reasons advanced to either party, called the counsel to his chambers and delivered his judgment there granting all the prayers of the plaintiff, now respondent. The appellant then appealed to the Court of Appeal which upheld the judgment given by the trial Court in Chambers but reduced the claim for general damages from five million Naira (N5,000,000.00) to five hundred thousand Naira(N500,000.00).The Court of Appeal upheld the…

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