Ratio DecidendiRatio DecidendiRatio Decidendi



FCMB
V.
JOHN ANDY & SONS CO. LTD

(2021) JELR 108778 (CA)    

Court of Appeal  ·  CA/C/453/2014 ·  16 Feb 2021 ·  Nigeria
CORAM
Mojeed Adekunle Owoade, JCA James Shehu Abiriyi, JCA Muhammed Lawal Shuaibu, JCA

Ratio Decidendi

Core Terms Beta
appellant
respondent
counsel
issue no.
issues
instant case
exhibits
formal agreement
learned counsel
learned trial judge
legal personality
limited liability company
locus standi
said exhibit
approved building plan
5th day of may
absence of any challenge
appellant’s briefs
approved building plan exhibit
breach of contract
corporate entity
evidence of its juristic person
final acceptance of the agreed negotiations
first atlantic bank limited
general manager
intention of the parties
james shehu abiriyi
j. andy
john andy
jones j. andy
leading judgment
legal capacity
legal personality of a corporate body
mojeed adekunle owoade
negotiations of the lease
notice of appeal
part of the appellant
property of the plaintiff
respondent claims
respondent’s brief
series of correspondence
specific challenge of the juristic personality of the applicant
support of its case
support of the argument of issue no.
surrounding circumstances of the case
terms of the agreement
uyo judicial division
weight of evidence
western state of nigeria
written statement

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Akwa Ibom State High Court, Uyo Judicial Division in Suit No: HU/54/2004 delivered by Hon. Justice Philomena Etim on the 5th day of May, 2014.

The Respondent as Plaintiff on the 12th day of February, 2004 took out a Writ of Summons against the Appellant/Defendant then known as First Atlantic Bank Limited claiming as follows:

“(a) An order of specific performance on the Defendant to lease the property of the Plaintiff situate at Aka Road, Uyo, Akwa Ibom State for a period of 20 (Twenty) years at N1,000,000.00 (One Million Naira) per annum renegotiable after the first ten years in terms of the agreement between Plaintiff and Defendant or in the alternative.

(b) N50,000,000.00 (Fifty Million Naira) damages for breach of contract.”

Pleadings were filed and exchanged and at the trial each of the parties called one witness and tendered several documents in support of its case.

The lear…

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