Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2011) JELR 46192 (SC)    
Supreme Court  ·  SC.292/2003 ·  8 Jul 2011 ·  Nigeria
ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria FRANCIS FEDODE TABAI Justice of The Supreme Court of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria BODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
legal practitioner
notice of appeal
interested party
preliminary objection
uba plc
lead judgment
lower court
third party claim
ifeanyichukwu okonkwo
right of audience
1st appellant
artificial person
company director
court of appeal
natural person
supreme court
judge of the enugu state high court
2nd appellant
appellants' brief
decision of the lower court
enugu state
hearing of the appeal
judgment of the court of appeal
judgment of the lower court
learned trial chief judge
mode nigeria ltd
said appeal
said applicant's counsel
applicants' counsel
behalf of the true appellant
bode rhodes-vivour
brother rhodes-vivours jsc
contract agreement
contract resource nigeria limited
enugu high court
f. f. tabai
filing of preliminary objections
following terms
hearing of this appeal
judgment interest
leading judgment
notice of preliminary objection
provisions of order
rehearing of the third party claim
resource nigeria limited
supreme court rules
unexplained circumstances
walter samuel nkanu onnoghen

BODE RHODES-VIVOUR, JSC (Delivering the Leading Judgment): This is an appeal from the judgment of the Court of Appeal delivered on the 12th day of June, 2003, wherein that court allowed the appeal and ordered a rehearing of the third party claim before another judge of the Enugu State High Court other than the learned trial Chief Judge,

The 1st appellant as plaintiff in Suit No, E428/99, sued the 2nd appellant as defendant. Trial was in the Enugu High Court, Enugu State. Ugwu CJ (as he then was) presided. The plaintiff claimed the sum of₦46M from the defendant. The sum was debt due to the plaintiff which became payable from a contract agreement dated the 15th of June, 1998. The plaintiff further claimed 25% compound interest on the sum from 20th day of December 1998 till judgment and post judgment interest of 10%. The defendant admitted liability but claimed that its default in paying its debt was due to the negligence of its bankers, UBA PLC.

On 20/3/2000, the plaintiff filed Motion …

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