"It would be wrong to make an order of retrial if such an order would give the party that lost an opportunity a second time to prove what he failed to prove. A retrial should not be made where the plaintiff fails to prove his case and there is no substantial irregularity apparent on the record. SeeThompson v. Arowolo (2003) 7NWLR pt.818 p.163, Solomon v. Mogaji (1982)11 SC. P.1.” 

PER B. RHODES-VIVOUR, JSC IN LAWAN ABDULAHI BABU WASSAH  & 2 ORS V. TUKSHAHE KARA & 2 ORS LER [2014] SC.308/2001  https://legalpediaonline.com/just-decided-latest-judgement-dec-30th-2014/