Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2001) JELR 44374 (CA)    

Court of Appeal  ·  CA/K/93/2000 ·  27 Jun 2001 ·  Nigeria
Other Citations
Garba v. Sheba Int. (Nig.) Ltd. (2002) 1 NWLR (Pt 748) 372
ISA AYO SALAMI Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
support of the respondent
issue of notice of intention
kaduna state high court
internal management of an incorporated company
investment of jos satellite joint venture
undefended list of that court
respondent's claim
accompanying affidavit
jurisdiction of the trial
amended notice of appeal of the appellants
part-payment of the amounts
lower court
money demand
leading judgment
support of the appellants
said principals
internal management of a limited liability company
oral evidence
joint venture
grounds of appeal
jurisdiction of the trial high court
affidavits of the parties
claims of the respondent
notice of intention
high court
learned trial judge
civil procedure
refund of money
circumstances of this matter
preliminary objection
undefended suit
issue of interest
provisions of the companies
exchange rate
court of law
pounds sterling
liquidated sum
determination of the appeal
writ of summons
federal high court

MOHAMMED, JCA (Delivering the Leading Judgment): By a writ of summons dated 8/7/98, the plaintiff which is now the respondent before this court filed an action at the Kaduna State High Court holden at Kaduna, under the undefended list of that court pursuant to Order 22 rules 1-5 of the Kaduna State High Court (Civil Procedure) Rules 1987 against the defendants, who are now the appellants claiming the following reliefs:

1. The sum of £15,000.00 (Fifteen thousand pounds sterling) or the equivalent of ₦2,175,000.00 (Two Million, One Hundred and Seventy Five Thousand Naira) at the exchange rate of ₦145.00 to a pound sterling being the balance of $40,000.00 (Forty Thousand US Dollars) and £35,000 (Thirty Five Thousand Pounds Sterling) paid by the plaintiff to the defendants on investment of Jos Satellite Joint Venture.

2. Interest at the rate of 21 percent per annum on the said principals of $40,000.00 and £35,000.00 as follows.

(a) On $40,000.00 from 3/6/93-26/7/96 i.e $25,200.00.

(b) on …

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