(2011) JELR 46068 (CA)    

Court of Appeal  ·  CA/IL/3/2010 ·  5 Dec 2011 ·  Nigeria
TIJJANI ABDULLAHI Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria
Core Terms Beta
4th appellants
4th defendants
necessary parties
mere agents of the 1st appellant
writ of summons
fair hearing
first issue
mere agents of the 1st defendant
1st defendant
acts of agency
learned counsel
originating process
submission of the learned counsel
2nd 3rd
2nd defendant
2nd ground
affidavits of the appellants
agents of a disclosed principal
capacity of the parties
cardinal principle of our law of evidence
director of the 2nd appellant
executive director of the 1st defendant
facts of the case
fundamental right
general rule
ita george mbaba j.c.a
joseph shagbaor ikyegh
judgment sum
kwara state high court of justice
leading judgment
learned trial judge
leave of the trial court
mere agents of the 1st appeli.amt
notice of appeal
order of the trial court
para h
reasoning of the learned trial judge
representative of your company mr. timotny
ruling of the learned trial judge
ruling of the lower court
said judgment
simple reason
successful resolution of this case

TIJJANI ABDULLAHI, J.C.A, (Delivering the Leading Judgment): On the 12th January, 2009, at the Kwara State High Court of Justice, Ilorin, the Plaintiff/Respondent filed a writ of summons on the undefended list procedure for and on behalf of himself and Fossil Petroleum Nigeria claiming the under listed reliefs against the defendants/appellants. The writ of summons reads thus:

"The claimant's claim against the defendant(s) jointly and or severally is for:

1. The sum of N1,320,000.00 (One Million, Three Hundred And Twenty Thousand Naira) only.

2. The cost of this suit.

3. 10% interest per annum on the judgment sum from the date of judgment till judgment is finally liquidated."

The facts of the case briefly stated are that: During the course of hearing, the claimant/Respondent sought the leave of the trial Court to join Fossil Petroleum Nigeria Ltd. as co-claimant in the suit which the defendant did not oppose (see page 49 of the record).

The defendants /appellants filed a notice of pre…

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