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ENYINNAYA DICK v. OUR AND OIL COMPANY LIMITED

(2018) LPELR-44354(SC)

In The Supreme Court of Nigeria

On Friday, the 20th day of April, 2018

SC.62/2009


Before Their Lordships

OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria

MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria

JOHN INYANG OKORO Justice of The Supreme Court of Nigeria

AMIRU SANUSI Justice of The Supreme Court of Nigeria

SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria


Between

ENYINNAYA DICK
(for himself and on behalf of Members of Umuokpa family by his Attorney, Dr. F.O. Adielauwa) - Appellant(s)

AND

OUR AND OIL COMPANY LIMITED - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on the Filing of a Supplementary Record of Appeal.
FACTS:
This is an appeal against the decision of the Court of Appeal sitting in Port Harcourt.

The background facts are that the appellant initiated the action at the High Court of Abia State, Aba Division claiming against the respondent in trespass, damages in special and general forms. After exchange of pleadings, fielding of witnesses and at the close of evidence and addresses of parties the learned trial judge delivered judgment, granting in full the general damages of N9,995,980.00 claimed and dismissed the claim in special damages. The respondent at the Supreme Court being dissatisfied appealed to the Court of Appeal and discovered along the way that the trial Court registry had omitted the notice and grounds of appeal from the record compiled and transmitted to the Court of Appeal, meanwhile the parties had filed and exchanged their briefs of argument. 

Before the Appeal could be heard, counsel for the respondent brought an application for leave to file a supplementary record consisting of certified true copy of the omitted notice and grounds of appeal and to amend the appellant's brief of argument. The Court of Appeal granted the application on 19th February, 2009.

Dissatisfied with the decision of the Court of Appeal, the Appellant appealed to the Supreme Court.

ISSUES:
The Court determined the appeal on the issues raised by the Respondent and couched as follows:

1. Were the learned justices wrong in granting leave to the respondent to file supplementary record and to deem supplementary record as duly filed and served.

2. Whether in the circumstances of this case the learned justices were wrong in exercising discretion to grant the respondent leave to amend its notice and grounds of appeal and appellant's brief of arguments.

DECISION/HELD:
On the whole, the Court found no merit in the appeal and accordingly dismissed same.


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