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…

AMCON V. ONYEDIKA & ANOR

AMCON
V.
ONYEDIKA & ANOR