LEGAL PRINCIPLE: APPELLATE PRACTICE — Remittal for Retrial — Not Appropriate Where Damages Can Be Assessed on Existing Record
PRINCIPLE STATEMENT
The purpose of trials is to establish the justice of a case as soon as possible. Sending a case back for retrial is not appropriate where damages can be assessed on the existing record.
RATIO DECIDENDI (SOURCE)
Per Pats-Acholonu, JSC, in C & C Construction Co. Ltd v. Okhai (2003) NLC-81999(SC) at p. 9; Paras A–B.
"I do not subscribe to the vaunted view that the court should or ought to have sent back the case for retrial. The purpose of trials in the court is essentially to establish the justice of a case based primarily on the weight and substantiality of the matter as soon as possible."
EXPLANATION / SCOPE
Remittal for retrial should be avoided where the appellate court can decide the case on the existing record. The principle applies to appellate practice. The rule promotes judicial efficiency. The court should not prolong litigation unnecessarily. The appellate court may assess damages itself. The principle is well-established.