(1971) JELR 45975 (SC)    

Supreme Court  ·  SC.104/1970 ·  15 Oct 1971 ·  Nigeria
Other Citations
(1971) 1 All NLR 256
CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria ADEMOLA ADETOKUNBO Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria
Core Terms Beta
1st defendant
2nd defendant
exhibit a
west african travel agency limited
court of appeal
first defendant
alleged guarantee
chief s.l. edu
high court
personal credit
said deeds
sum of 11,366pounds
title deeds
assumption of personal liability
chief shafi lawal edu
chief s. l. edu
chief sowemimo
learned trial judge
limited liability company
main point
memorandum of guarantee
national bank of nigeria limited
necessary parties
bank charges
business of a travel agency
common practice
course of his judgment
court of first instance
creditor of a third party
decision of parwell j.
deposit of the deeds
ikoyi guarantor
landed properties
leading judgment
obvious reasons
payment of the debt
payment of the said sum
plaintiffs claim
present appellant
reserved judgment
said sum of money
said west african travel agency
such guarantee
title deeds of their respective properties
virtue of exhibit a
virtue of the release of the title deeds

MADARIKAN, J.S.C. (Delivering the Leading Judgment): The present appellant was the 2nd defendant in an action instituted against him and the West African Travel Agency Limited as the 1st defendant in the High Court, Lagos (suit no. LD/2/66). The plaintiff/company's claim as endorsed on its writ was as follows:

"The plaintiffs claim against the defendants jointly and severally is for the sum of 11,366Pounds.3d being money payable by the defendants for money lent by the plaintiffs to the defendants and for money paid by the plaintiffs for the defendants as bankers for the defendants at their requests and for interest upon money due from the defendants to the plaintiffs up to and including February, 1966.

The defendants have failed, refused or neglected to pay the said sum of money to the plaintiffs despite repeated demands."

After pleadings had been ordered, learned counsel for the plaintiff/company, Chief Sowemimo, sought leave to withdraw the claim against the 1st defendant (that is, …

There's more. Sign in to continue reading. is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login