(1996) JELR 45903 (SC)    

Supreme Court  ·  SC.110/1990 ·  18 Jun 1996 ·  Nigeria
Other Citations
Oshunrinde vs. Akande (1996) 6 NWLR (Pt.455) 383
Oshunrinde v. Akande (1996) 6 NWLR (Pt. 455) 383
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU 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
Core Terms Beta
court of appeal
file jacket
learned trial judge
lower courts
evidence act
lead judgment
argument of counsel
case file jacket
civil procedure
hearing of the substantive claim
high court of lagos state
provisions of section
above examination of matters
adjourned date
affidavit of the appellant
circumstances of the case
conclusion of the hearing
concurrent findings of facts
correct endorsement of the date of hearing
default judgment
determination of this application
exercise of the learned trial judge
exercise of the learned trial judges discretion
failure of the lower court
favour of an applicant
following orders
gross negligence
judgment of the court of appeal
lagos division
lagos state high court
leading judgment
learned judge
oral evidence
principles of law
proper proof of relevant facts
proper proof of relevant facts of the issues
ruling of ayorinde j
said judgment
subject matter of this appeal
substance of this appeal
such discretion
sufficient evidence
virtue of the provisions

MOHAMMED, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Lagos Division, upholding a ruling of Ayorinde J (as he then was) of Lagos State High Court.

Before I go further into the substance of this appeal I find it relevant to explain, in a short narrative, the cause of the dispute which brought about the subject matter of this appeal. The respondent who was plaintiff before the High Court of Lagos State sued the appellant, as defendant and claimed N210,218,04 as damages for breach of contract. The case which was originally filed on 22/7/80 suffered several adjournments, and on 11/11/83, when both counsel for the parties were present in court the case was fixed for hearing on 18/4/84. On the adjourned date neither the defendant nor his counsel appeared and the Court directed the counsel for the plaintiff to call evidence in proof of the plaintiff's claim. At the conclusion of the hearing the court adjourned and delivered its jud…

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