LEGAL PRINCIPLE: APPELLATE PRACTICE – Retrial – Conditions for Ordering Retrial in Civil Cases
PRINCIPLE STATEMENT
The conditions under which an appellate court may order a retrial in a civil case are well known. Some of them may be stated here. It may well happen that a trial court made no finding of fact on conflicting material evidence adduced on an issue by both parties to an action, the resolution of which is essential to the just determination of the case; the proper course is to order a retrial unless the circumstances of the case do not warrant such an order; or there has been a substantial misdirection by the court, or that some other substantial error by the court itself has occurred and the error cannot be corrected by the Appeal Court; or where it appears that the rules of fair hearing have been violated. In general, the Appeal Court must be satisfied before ordering a retrial that: (1) the other party is not thereby being wronged in a manner that there would be a miscarriage of justice; or (2) it cannot, in the exercise of its appellate jurisdiction, do justice in the case and bring all the litigation to an end; or (3) the justice of the case, looked at in all its special circumstances, justifies it.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Eke & Ors v. Okwaranyia & Ors (2001) NLC-151996(SC) at p. 23; Paras A–D.
"The conditions under which an appellate court may order a retrial in a civil case are well known. Some of them may be stated here. It may well happen that a trial court made no finding of fact on conflicting material evidence adduced on an issue by both parties to an action, the resolution of which is essential to the just determination of the case; the proper course is to order a retrial unless the circumstances of the case do not warrant such an order; or there has been a substantial misdirection by the court, or that some other substantial error by the court itself has occurred and the error cannot be corrected by the Appeal Court; or where it appears that the rules of fair hearing have been violated. In general, the Appeal Court must be satisfied before ordering a retrial that: (1) the other party is not thereby being wronged in a manner that there would be a miscarriage of justice; or (2) it cannot, in the exercise of its appellate jurisdiction, do justice in the case and bring all the litigation to an end; or (3) the justice of the case, looked at in all its special circumstances, justifies it."
EXPLANATION / SCOPE
A retrial may be ordered when: (1) trial court made no finding on conflicting material evidence essential to just determination; (2) substantial misdirection or error occurred that the appellate court cannot correct; (3) fair hearing rules violated. The appellate court must be satisfied that: (1) the other party is not wronged with miscarriage of justice; (2) the appellate court cannot do justice and end the litigation; or (3) the justice of the case justifies retrial. Retrial is not automatic—the court examines the circumstances. The purpose is to remedy defects, not give a second chance to a party who failed to prove their case. The appellate court must balance fairness to both parties.
