Ratio DecidendiRatio Decidendi


(2001) JELR 44296 (CA)    

Court of Appeal  ·  CA/J/258/99 ·  11 Jul 2001 ·  Nigeria
Other Citations
Faro Bottling Co. Ltd. v. Osuji (2002) 1 NWLR Pt (748)311
ALOMA MARIAM MUKHTAR Justice of The Court of Appeal of Nigeria OLUDADE OLADAPO OBADINA Justice of The Court of Appeal of Nigeria ISA ABUBAKAR MANGAJI Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
learned trial judge
contents of exhibits
favour of the respondent
empty crates of africola
said agreement
briefs of argument appellant
high court of adamawa state
crates of africola
crates of empty africola bottles
exhibit ii
manager of the defendant
said sum
liquidated money demand
soft drinks
trial judge
above issues
rules of this court
liquid contents
crates of the liquid contents of africola drinks
support of notice of intention
alone show
suit no adsy
signature of the manager
clear answer
unloading control form
undefended list
first place
learned trial judge ought
notice of appeal
said exhibit
valid contract
leading judgment
empty crates
total number of crates
clear view
prima facie case
continued detention of my empty crates
grounds of appeal
binding contract
general manager of the defendant company
said suit

MANGAJI JCA: (Delivering the Leading Judgment): This is an appeal against the ruling/judgment of Lawi J. sitting in the High Court of Adamawa State in suit No ADSY/77M/98 wherein the court gave judgment in favour of the respondent who was the plaintiff. That judgment was delivered on 1st December, 1998. The appellant as defendant felt aggrieved with the decision in consequence of which it filed a notice of appeal on 10th December, 1998 contesting the decision on five grounds of appeal.

On 23/11/99 and in due compliance with the rules of this court requiring parties to file briefs of argument appellant, by its counsel, filed a brief of argument. The respondent, who was clearly out of time in filing his brief of argument, was granted extension of time to file his brief on 28/9/2001. The brief he filed on 5/10/2000 was thus deemed properly filed and served. In its brief of argument, and from the five grounds of appeal, the appellant identified three issues as arising therefrom.

The issue…

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