SHANU V AFRIBANK NIGERIA PLC

Issue:

In the High Court of Edo State the respondents, as plaintiffs claimed against the applicant and another sum of N50 Million. Obi 1., before whom the case came up for hearing, . after taken evidence of the parties and their witnesses, the parties closed their respective cases. But before Obi J., could hear addresses of counsel and deliver judgment in the case, creation of states intervened. Consequently Obi J. ceased to function as a judge of Edo State having been appointed a judge of Delta State. Thus the case came before Edokpayi, J. before whom counsel for the respondent brought an application praying the trial court to admit in the suit a certified true copy of the evidence of the plaintiffs and that of the Defendants and their witnesses before Obi J., in this suit. At the court of trial Edokpayi, J., gave judgment for the Respondents. The applicant appealed to the Court of Appeal. By a majority decision the Appeal Court allowed the present applicant's appeal on the main ground that the evidence relied on in the case that is evidence given in the proceedings before Obi. J., was wrongly admitted under section 34(1) of the Evidence Act and ordered that the suit be reheard before another judge of the High Court. Hence the Appeal to the Supreme Court by the Appellants.