Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1995) JELR 46027 (SC)    

Supreme Court  ·  SC.1/1994 ·  19 Sep 1995 ·  Nigeria
Other Citations
N.A.B. Ltd. v. Barri Eng. (Nig.) Ltd.(1995) NWLR (Pt.413)257
N.A.B. Ltd, v. Barri Eng. (Nig.) Ltd. (1995) 8 NWLR (Pt. 413) 257
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

Ratio Decidendi

Core Terms Beta
trial high court
open court
court of appeal
leading judgment
learned trial judge
trial court
issue of the liability
respective counsel
judgment of the trial judge
constitution of the federal republic
part of the proceedings
high court of lagos rules
learned justices
determination of his civil rights
express provisions of the rules of court
chambers of the judge
following issues
issue of damages
grounds of appeal
supreme court decision
hearing of the appeal
substantial loss
members of the public
earlier decision
such reduction
view of the provisions
present case
fundamental rights
prayers of the plaintiff
constitution of the federal republic of nigeria
delivery of bills of costs
fair hearing
oviasu v
proceedings of a court
said judgment vis
oral argument
foreign exchange
offering of evidence
loss of business
judgment of a high court
judges of the court
issue of the judgment
view of the public
general damages
proceedings of any tribunal
set aside

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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