JUDGMENT AND ORDER – JUDGMENT OF COURT – Instances where a defendant who did not call evidence in a matter would be entitled to judgment


“Appellant argued in support of its issue two that the lower Court ought not to have awarded the sum USD9,500 in favour of the 1st respondent being cost of issuing Bank Guarantee and interest of 18% being Central Bank of Nigeria official rate on the sum of the bank Guarantee in the absence of any evidence in support of the claim. The argument of the Appellant on this issue is baseless in the light of the position of the law that even in cases where a defendant fails to lead evidence in proof of its counter claim, the Courts can rightly grant such claims. See Balogun v. UBA Ltd (1992)6 NWLR (Pt.247) 336 where the Supreme Court held thus: The learned Justice Nimpar held further:- “In some cases a defendant who offers no evidence could still have judgment in his favour if the plaintiff is unable to prove an essential element of his claim” Per MARY UKAEGO PETER-ODILI, JSC in BRONWEN ENERGY TRADING LTD. v. OAN OVERSEAS AGENCY (NIG) LTD & ORS (2022-LCER-46529-SC) (Pp 27 – 28; Paras F – B)

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