BEST LAW REPORT SUBSCRIPTION PRICE!!

  • Nwaga vs. Regd. Trustees, Recreation Club
  • 190
  • 2004-01-19
  • ₦ 200
  • Buy Now

Nwaga vs. Regd. Trustees, Recreation Club

LAZARUS NWAGA

V

REGISTERED TRUSTEES, RECREATION CLUB

COURT OF APPEAL

( KADUNA DIVISION )

ISA AYO SALAMI, JCA ( Presided )

KABIU DANLAMI MUHAMMAD, JCA

JOSEPH JEREMIAH UMOREN, JCA ( Read the Lead Judgment )

CA/K/168/01

THURSDAY, 11TH JULY, 2002

APPEAL - Findings of fact by trial court - Attitude of appellate court

APPEAL - Findings of fact by trial court - Reluctance of the appeal court to interfere therewith - Basis  therefor

APPEAL - Ground of appeal - Plaintiff appealing on the ground that judgment was against the weight of evidence when the defendant called no evidence - Impropriety of

APPEAL -Findings of fact by trial court - Interference with by appellate court - Guiding principles thereto

COURT - Findings of fact by trial court - Attitude of appellate court

COURT - Findings of fact by trial court - Reluctance of the appeal court to interfere therewith - Basis therefor

COURT - Relief not claimed - Whether can grant

COURT -Findings of fact by trial court - Interference with by appellate court - Guiding principles thereto

DAMAGES - Classification of a claim into special or general damages What determines

EVIDENCE - Counsel’s speech - Whether can be substituted for credible evidence

EVIDENCE - Document -Party relying on a document in proof of his case -  Duty on to specifically relate such document to the aspect of the case in respect of which the document is being produced in evidence EVIDENCE - Evidence at variance with the pleadings - Effect

EVIDENCE - Failure of defendant to adduce evidence - Whether automatically entitles plaintiff to judgment on the strength of his case - When court bound to accept uncontroverted evidence of

plaintiff

EVIDENCE - Proof - Allegation of breach of procedure which violates a party’s right - Duty on the party to proffer evidence in proof of the alleged breach

EVIDENCE - Proof - Onus on the plaintiff to prove his case

EVIDENCE - Proof - Plaintiff not to rely on the weakness of the defendant’s case - Exception thereto

EVIDENCE - Proof - Whether a party proved his case or not - Determinant of

LEGAL PRACTITIONER - Counsel - Speech made by counsel - Whether can be substituted for  credible evidence

PLEADINGS - Evidence at variance with the pleadings - Effect

PLEADINGS - Mentioning of a document in passing in a pleading - Whether amounts to pleading it

PLEADINGS - Relief not claimed - Whether court can  grant PLEADINGS -Evidence not led in support of pleading - Effect of

Issue:

Whether the appellant as plaintiff in the court below, proved his

claims to be entitled to judgment.

Facts:

Consequent upon a publication on the notice board of the respondent calling for application for allocation of kiosks within the premises of the respondent club, the appellant applied and was lucky to win and be issued with a kiosk. His name and names of other winners were published in a circular exhibit 1 in the court below. He paid N500.00 as the rent for the kiosk and was issued with a receipt, exhibit 2. He was also given a letter, exhibit 3 containing the conditions for the occupation of the kiosk. The appellant paid yearly up to 1996 and tendered receipts, exhibits 4 - 9 in proof of same. In December, 1995, he changed his business. In November 1996 , he started renovation of the place when the respondent wrote to him threatening to re-allocate the kiosk to someone else if the appellant fail to pay the new rent for 1995 and 1996. The respondent proceeded to lock up the kiosk with some of the appellant’s belongings inside the kiosk. The respondent, despite repeated demands refused, neglected to open the kiosk for the appellant. The appellant then sued the respondent claiming declaratory reliefs, injunctive orders and damages.

Pleadings were filed and exchanged by parties. And at the conclusion of trial, the learned trial Judge in his judgment, dismissed the claim of the appellant in its entirety. Aggrieved with the judgment, the appellant appealed to the Court of Appeal.