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  • S.F.F. Ltd. vs. S.G.B. (Nig) Ltd.
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  • 2003-12-22
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S.F.F. Ltd. vs. S.G.B. (Nig) Ltd.

SOKOTO FURNITURE FACTORY LTD.

V

SOCIETE GENERALE BANK NIG. LTD.

COURT OF APPEAL

( KADUNA DIVISION )

R. DANLAMI MUHAMMAD, JCA ( Presided and Read the Lead Judgment )


MAHMUD MOHAMMED, JCA

VICTOR AIMEPOMO OYELEYE OMAGE, JCA

CA/K/13/98

THURSDAY, 11TH JULY, 2002

APPEAL - Decision of trial court - When appellate court will interfere therewith

APPEAL - Evidence - Evaluation of by appeal court - When it is proper so to do

COURT - Conflicting assertions before court - What court should do to resolve it

COURT - Evidence adduced before it - Duty on court to consider all When duty is discharged - Rationale behind the duty

COURT - Trial court - Decision thereof - When appellate court will interfere therewith

EVIDENCE - Burden of proof - Where lies in civil matters - Standard of proof - What it is in civil matters

EVIDENCE - Evaluation of evidence - Duty of trial court - When appellate court may evaluate evidence

EVIDENCE - Evaluation of evidence - What amounts to - Whether summarizing evidence amounts to evaluation of evidence

EVIDENCE - Evidence adduced before the trial court - Duty on court to make findings thereon - What duty entails

EVIDENCE - Evidence tendered before the court - Duty of court not to speculate thereon

JUDGMENT AND ORDERS - Judgment of a trial court - Features of Whether valid until set aside

JUDGMENT AND ORDERS - Order of trial -  When appellate court will make - When not necessary

PRACTICE AND PROCEDURE - Order of retrial - When it is necessary

-  When not necessary

Issue:

Whether or not the trial court assessed and evaluated the evidence led by the parties at the trial before giving judgment for the respondent against the appellant.

Facts:

The respondent commenced an action on the undefended list against the appellant before the Sokoto State High Court claiming the sum of N149,547.49k (one hundred and forty-nine thousand, five hundred and fortyseven naira, forty-nine kobo) plus interest being money advanced to the appellant by the respondent as its banker at appellant’s request. The appellant filed a notice of intention to defend. After hearing submissions by the counsel of the two parties, the appellant was granted leave to defend the action and the matter was transferred to the general cause list. Consequently, pleadings were ordered, filed and exchanged whereof the respondent amended its statement of claim.

At the end of trial, judgment was entered for the respondent in terms of the original statement of claim which according to the learned trial Judge was what the respondent succeeded in proving. An interest rate of 13% per annum was also granted.

The appellant was dissatisfied with the judgment and appealed.