Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



AMCON
V.
ONYEDIKA & ANOR

(2018) JELR 46279 (CA)    

Court of Appeal  ·  CA/E/596/2013 ·  22 Feb 2018 ·  Nigeria
CORAM
HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria MISITURA OMODERE BOLAJI-YUSUFF Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
appellant
action notice
action
counsel
defendant
1st respondent
trial court
writ of summons
2nd respondent
instant case
issues
appellants counsel
asset management corporation of nigeria act
decision of the supreme court
existence of a suit
learned trial judge
order of court
statutory requirement
adamawa state water board
civil procedure
commencement of any action
lower court
lower courts
necessity of service of a pre-action notice
ruling of the high court of anambra state
1st respondents brief
3rd party
absolute necessity
amended originating process
appellants brief of argument
appellants reply brief
conclusion of the learned trial judge
decision of the trial court
doctrine of stare decisis dictates
fundamental rights
high court of anambra state
interlocutory appeal
issue of law
judge file
judgment of the onitsha high court
leading judgment
misitura omodere bolaji-yusuff
notice of appeal
original defendants
pendency of the suit
rita nosakhare pemu
said application
service of pre-action notice
statutory provision
such failure

HELEN MORONKEJI OGUNWUMIJU, JCA(Delivering the Leading Judgment): This is an interlocutory appeal against the Ruling of the High Court of Anambra State, Onitsha Judicial Division, delivered by Hon. Justice C.N. Mbonu-Nwenyi on 17/06/2013.

The facts leading to this appeal are that the 1st Respondent commenced an action against the 2nd Respondent by a Writ of Summons dated 7/10/2009 claiming inter-alia payment of the sum of N10,200,000.00 allegedly owed him from his contribution for share purchase. The 2nd Respondent alleged that the 1st Respondent was indebted to it in the sum of N44,604,815.16 being outstanding balance of loan facility and interest thereon. During the pendency of the suit, the alleged loan and indebtedness of N44,604,815.16 was taken over by the Appellant via a Loan Purchase Agreement between the 2nd Respondent and the Appellant. The 1st Respondent consequently filed an application to join the Appellant in the suit. The Appellant opposed the said application on the gro…

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