ARCHBODE ENGINEERING LIMITED V. WATER RESOURCES HYDRO TECHNIQUE WASSERTECHNIK, AG. & ANOR

ADENEKAN ADEMOLA, J.C.A.(Delivering the Leading Judgment): In this appeal there were four applications which fall to be determined.

The first is for an order to have evidence taken all over again in the trial Court in order to do justice between the Appellant and Respondent or a new trial ordered. The application was moved under Order 3 Rule 23 of the Court of Appeal Rules and the inherent jurisdiction of the Court. The grounds for the application is that the notes taken by the trial Judge and the file in which they were, were missing from the Registry and the record of appeal was settled without the notes of evidence. That the learned counsel who represented Appellant in the Court below could no longer find his own notes of evidence.

Learned counsel for the Appellant submitted that the summary of the evidence in the judgment of the Court is different from the oral evidence of the parties and witness. Instances where the Court of Appeal in England has acceded to request of this nature…