CaseLaw
Samba Petroleum Ltd V. IMB Plc (2010) CLR 6(a) (SC)
Judgement delivered on June 11th 2010
Brief
Facts
The Respondent/Cross-Appellant was the 1st Defendant and against whom his Co-Defendant, the 3rd Defendant/Cross-Respondent/Appellant brought a counter-claim. Trial was adjourned to 26/10/99 for defence. The 3rd Defendant testified. He was cross-examined on 10/1/2000, DW 2 testified in favour of the 3rd Defendant and was cross-examined and re-examined on 11/1/2000. On 11/1/2000, the learned Counsel for the Cross-Respondent addressed the trial Court.
The Final address was done by J.B. Dauda, SAN for the 1st Defendant and reply on points of law was made by learned Counsel for the Cross-Respondent on 31/7/2000. The 1st Defendant was not afforded an opportunity to be heard in the normal way of hearing suits at a High court.
Judgments was delivered on the 25/1/2009 against the 1st Defendant/Cross-Appellant. Dissatisfied, the 1st Defendant appealed to the Court of Appeal, which partly allowed the appeal of the present Respondent/Cross-Appellant against the judgment of the trial Court.
Dissatisfied, the Appellant appealed to the Supreme Court, while the Cross-Appellant further dissatisfied, has cross-appealed also to the same Court.
Issues
Whether the Court of Appeal, not being the final Appellate Court could opt not to...