Instant SSL
Judgment and Order

Judgment and Order (536)

HELD:

"In purely commercial transactions, a party who holds on to the money of another and keeps it for a long time without any justification and thus deprives that other of the use of the funds for the period should be liable to pay compensation by way of interest.

HELD:

"It is established by sufficient authority that interest may be awarded in a case, in two distinct circumstances, namely:

HELD:

"Where parties to a suit in Court have agreed with each other, as to how to settle their dispute they are to approach the Court to give judgment on the terms they have agreed upon.

HELD:

"A careful examination of Exhibit "Q" of pages 42 and 285 respectively of the records of appeal before us reveal that only the 1st respondent (Judgment Creditor/Applicant) and Nigeria Telecommunications Limited (Judgment Debtor/Respondent were parties technically so called on the face of the proceedings/order.

HELD:

"I have read Order 45 Rule 5(1) of the High Court of Lagos State (Civil Procedure) Rules, 2004.

HELD:

"The appellants have made heavy weather of the fact that the ruling appealed against was delivered during the Court's annual vacation, contrary to the provisions of Order 45 Rule 4 of the High Court of Lagos State (Civil Procedure) Rules, 2004, which were applicable at the time.

HELD:

"Indeed, the fact is not in dispute that the ruling of the trial High Court was rendered during the Court's annual vacation.

HELD:

"The Law is trite that in a trial vitiated by unfairness as in the instant case, the proper order to make is one of a retrial. See OKAFOR V STATE (1976) 5 SC, 13; FRN V AKABUEZE (2010) 17 NWLR, PT. 1223, 525 and MADUEKE V. MADUEKE (2012) 4 NWLR PT 1289, 77.

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