UDOFEL LIMITED & ANOR v. SKYE BANK PLC
(2014) LCN/6983(CA)
RATIO
PRACTICE AND PROCEDURE: DUTY OF THE COURT WHERE AN ISSUE HAS BECOME ACADEMIC
For that reason and on that ground, the duty of the court to consider the said issue on the merit, abates and no longer arises. The law is now trite that courts of law, but particularly the superior courts of record, which are extremely busy with countless cases raising very important live issues of disputes, do not waste their precious time and resources in dealing with purely academic or mute issues. This principle applies more in situations where a party concedes that an issue he raises before a court is mute and academic. It is the duty of the court to ignore and discountenance such an issue for being admittedly, mute and academic. See Eperokun v University of Lagos (1986) 4 NWLR (34) 162 at 179; Olaniyi v Aroyehun (1991) 5 NWLR (194) 652; Asafa Fords v Alraine (2002) 12 NWLR (781) 353; Attorney-General, Anambra State v Attorney-General Federation (2005) ALL FWLR (268) 1557 at 1602; Onoichie v Odogwu (2006) ALL FWLR (317) 544 at 579; Bamgboye v University of Ilorin (1999) 10 NWLR (622) 290 at 230. Per MOHAMMED LAWAL GARBA, J.C.A
DAMAGES: WHETHER AN APPELLATE COURT CAN ASSESS AND AWARD DAMAGES WHERE THE TRIAL FAILED OR REFUSED TO CONSIDER SAME
In addition, the learned counsel are right that where a trial court failed or refused (as in the Appellants’ case) to assess and make award of damages, this court has the power to do so by the combined provisions of Section 15 of Court of Appeal Act and Order 4, Rule 3 and Order 6, Rule 2(1) of the Court of Appeal Rules 2011. In the case of Overseas Const. Co. Ltd. v Enterprises Nig. Ltd. (1985) 3 NWLR (13) 407, it was held that:- “where a trial court made no assessment of damages, an appellate court can make the assessment itself if there exist on the record, enough evidence on which the assessment can be based. See also C & C Ltd. v Okhai (2003) 12 SCNJ, 33 at 56”. Per MOHAMMED LAWAL GARBA, J.C.A
