A. O. OBASEKI, J.S.C. (Delivering the Leading Judgment): The general rule adopted in this Court is that an appellant will not be allowed to raise on appeal a question which was not raised or tried or considered by the trial Court (Shonekan v. Smith) 1964 All N.L.R. 168, 173) but where the question involves substantial points of law, substantive or procedural and it is plain that no further evidence could have been adduced which would affect the decision of them, the Court will allow the question to be raised and the points taken (Shonekan v. Smith (Supra) Stool of Abinabina v. Chief Kojo Enyinadu (1953) AC 209 at 215) and prevent an obvious miscarriage of justice.
Guided by the above principles, we allowed the substantial points of law taken in this appeal to be argued before us, although the points were not raised in the Court below - the High Court of Mid-Western (now Bendel) State of Nigeria Holden at Warri.
The appeal is against the judgement of Atake J. in suit W/31/71 delivered …