Supreme Court 22nd June, 2020.
Justices: Walter Samuel Nkanu Onnoghen, JSC, Kumai Bayang Aka’ahs, JSC
John Inyang Okoro, JSC, Sidi Dauda Bage, JSC, Uwani Musa Abba Aji, JSC
Subject Matter(s):
• Party nor Counsel can Approbate and Reprobate
• Lawyer to Refrain from Acts that Adversely Affect Administration of Justice
• Duty of Counsel to Assist the Court in Just and Speedy Determination
• There Must be an End to Litigation
• Appeals – Preliminary Objection
• Purpose of Requirement of Notice of Preliminary Objection to Challenge Competence of Appeal
• Object of and Method of Raising Preliminary Objection
• Failure of the Respondent to File a Formal Notice of Preliminary Objection
• Where Respondent Fails to Comply with Rules in Filing of Notice of Preliminary Objection Court May Either Refuse to Entertain Same or adjourn the Hearing
• Court will Entertain Preliminary Objection Which Has Been Responded to Even If Not Formally Moved at Hearing
• Findings of Fact by Trial Court to be Accorded High Regard and Appellate Court Not to Substitute its Own Findings
• Appraisal of Oral Evidence and Ascription of Probative Value is Responsibility of Trial Court and Not Appellate Court
• Banker Must Prove How Debit Balance was Arrived at; Statement of Account Alone is insufficient
• Party Claiming Interest to Plead and Prove Interest
Final Order: Appeal Dismissed