(2002) JELR 44434 (CA)    

Court of Appeal  ·  CA/A/115/2001 ·  12 Jun 2002 ·  Nigeria
MOHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria ALBERT GBADEBO ODUYEMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
ground of appeal
partnership agreement
nwlr part
trial court
honourable trial judge
lower court
preliminary objection
conferment of jurisdiction
high court
assets of the partnership
brief of argument
enforcement of an arbitral award
plaintiffs suit
reply brief
sale ground of appeal
statement of claim
supreme court
appellant motion
appellate courts
civil procedure rules
determination of the appeal
determining factor
disregard of a condition precedent
formulation of more issues
good case
leading judgment
leave of the trial court
only ground of appeal
order of court
particulars of error
present case
respondent case
rules of this court
said issues
second ground of his objection
special circumstances
wrong jurisdiction

ZAINAB A. BULKACHUWA, J.C.A. (Delivering the Leading Judgment): The respondent as plaintiff before the trial court initiated this action by way of a Writ of Summons dated 8th July, 1999 and by a statement of claim dated 7/8/99 claimed as follows:

(i) An order that the partnership between the parties be formally dissolved by the court.

(ii) Assets and liabilities as at 5/8/98 valued at N7, 424, 394.00 only are divided in the ratio of to the Plaintiff and 1:3 to Defendant which translate at N4, 959, 541. 00 for Plaintiff and N2, 474773.00 to the Defendant

(iii) An order that all assets of the partnership still in possession of the defendant be sold and the plaintiff paid the sum of N3, 544, 046. 00.

(iv) An order that liabilities when fully determined be equally divided in same ratio.

Pleadings were filed and exchanged by the parties but before hearing could commence on the case the defendant now appellant before this court filed a Notion on Notice on the 8/10/99 seeking the under liste…

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