Supreme Court 19TH DECEMBER, 2014
Justices: MAHMUD MOHAMMED, C.J.N. (Presided)
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE, J.S.C.
OLABODE RHODES-VIVOUR, J.S.C. (Read the Leading Judgment)
NWALI SYLVESTER NGWUTA, J.S.C., JOHN INYANG OKORO, J.S.C.
Subject Matter(s):
▪ Document marked “tendered and rejected” cannot be tendered again
▪ Where oversight by trial court to rule on admissibility of document
▪ Power of suo moto to be used cautiously
▪ Purpose of requirement of notice of preliminary objection to challenge competence of appeal
▪ Where respondent argues preliminary objection in brief unnecessary to again file notice of preliminary objection
▪ Appellate court have jurisdiction over proceedings as if it was a court of first instance without remitting case for retrial
▪ The appellate court can make order which the court below ought to have made
▪ When order of retrial will be made
Final Order: Appeal Allowed