Facts:

The appellant was granted a loan facility by the respondent which was to be refunded at a specified date. However, the appellant defaulted in repaying the loan thereby going contrary to the terms of the loan facility. Aggrieved by the appellant’s default the respondent proceeded to institute an action for recovery of the loan amount with accrued interests at the Lagos State High Court.

The suit at the lower court passed through two Judges; Hon. Justice O. A. Dabiri and Hon. Justice S.A. Onigbanjo and both delivered judgment. At the pre-trial stage, Hon. Justice Dabiri delivered judgment based on the admission of the Appellant, thereby taking care of some the releifs sought by the respondent. The suit then proceeded to trial under Hon. Justice Onigbanjo. Parties adduced evidence and filed their written addresses. In its final decision, the lower court granted the reliefs sought by the respondent as reflected in its statement of claim.

Dissatisfied with the decision of Hon. Justice S.A. Onigbanjo, the appellant appealed to the Court of Appeal seeking inter alia for the determination of the Court on whether the trial Judge erred in law by delving into and making pronouncements on matters already decided by the same court in the same case (albeit by a different Judge)