RETRIAL

• Date: 06 February 2019

(1) "A retrial means a new trial of an action, which has already been once tried. See: Blacks, Law Dictionary, 5th Edn., p.1184." - Per Adio, J.C.A., in Ebere v. Tutare Suit No. CA/J/190/88; (1992) 3 N.W.L.R. (Pt. 227) 15 at 22.

(2) "After a careful perusal of the pleadings of the parties, evidence adduced based on them with the evaluation of the evidence based upon them that I am in agreement with the assessment in the lead judgment that there is legal justification in the lead judgment that the trial Court fails to make findings of facts on specific issues of fact and thus fails to resolve material issues that arose in the pleadings of the parties, the legal consequence and course open to the appellate Court should take is to send the case back to the trial Court for retrial. See: Olufosoye v. Olorunfemi (1989) 1 N.W.L.R. (Pt. 95) page 26, Idika v. Erisi (1988) 2 N.W.L.R. (Pt. 78) page 563." - Per Onalaja, J.C.A., in Mbionwu v. Obi Suit No. CA/PH/55/92; (1997) 2 N.W.L.R. (Pt. 487) 298 at 317.

(3) "The effect of an order by an appellate Court for a retrial or a trial de novo of a case or of a matter on subsequent proceedings pursuant to that order, where the order is made not subject to any condition or qualification, is that parties are to re- prove their case and anything decided in the previous proceeding is not binding. Therefore, any decision or finding made in the previous proceeding on any question in relation to which issues had been joined by the parties and any order pursuant thereto will not be binding on the parties. Further, the decision or Judgment in the previous proceeding could not be a legally valid basis for the continued enjoyment or retention of any right, benefit, advantage or anything arising from or connected with the decision or Judgment in the previous proceeding. Therefore, if anything or property has been taken, seized or attached or any sum of money has been received on the basis or by virtue of the Judgment, decision or consequential order made pursuant to the Judgment or decision, the thing or property has to be surrendered or released to the person from whom it was taken and any sum of money which has been received...