Ratio DecidendiRatio DecidendiRatio Decidendi



CO-OPERATIVE & COMMERCE BANK (NIGERIA) PLC
V.
ROSE & ORS

(1998) JELR 45562 (CA)    

Court of Appeal  ·  CA/E/50/96 ·  15 Jan 1998 ·  Nigeria
 · 
Other Citations
C.C.B. (Nig.) Plc v. Rose (1998) 4 NWLR (Pt.544)
C.C.B. (Nig.) Plc v. Rose (1998) 4 NWLR (Pt. 544) 37
CORAM
ISA AYO SALAMI Justice of The Court of Appeal of Nigeria NIKI TOBI Justice of The Court of Appeal of Nigeria EUGENE CHUKWUEMEKA UBAEZONU Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
appellant bank
sundry claims
learned trial judge
record of appeal
lower court
misjoinder of parties
statement of claim
staff of the appellant bank
competence of the suit
causes of action
common interest
different cadres
high court rules of anambra state
plaintiff claims
behalf of other farm owners of the area
representative action
schedule of claims of c.c.b. retired
ruling of the lower court
names of epundu joseph
different times
said dismissal
favour of the plaintiffs
names of any party
court
sum of n1
grounds of appeal
tsune kijima
various individuals
realm of master
plaintiffs
proper order
different conditions of service
names
appellant chief ugolo
rules
common grievance
action
civil procedure
deputy managers
persons
view of the distinct nature
leading judgment
order
mrs. arnadi rose
separate cause of action
respondents
own cause of action
supreme court
third issue
deputy manager

UBAEZONU, JCA: (Delivering the Leading Judgment): The plaintiffs/respondents (hereinafter called "the respondents") sued the appellant Bank for the sum of N1, 649,290,40 being sundry claims by various individuals as specified in the schedule attached to the statement of claim. The schedule is headed "Schedule of claims of C.C.B. Retired (Junior Staff) under to years". The claimants were originally 15 in number before objection was taken as to the competence of the suit. The names of 2 persons were struck out leaving 13 names. The claim as averred in the statement of claim at page 5 of the record of appeal reads as follows:"

Wherefore the plaintiff claims as follows:

1. The sum of N1, 649,290.40 (One Million, Six Hundred and Forty-nine Thousand, Two Hundred and Ninety Naira and Forty Kobo only) in favour of the plaintiffs against the defendant being balance of the gratuities, value of earned leave and transport entitlements due to the plaintiffs from the defendant upon the compulsory l…

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