Ratio DecidendiRatio DecidendiRatio Decidendi


(2021) JELR 108818 (CA)    

Court of Appeal  ·  CA/MK/98/2015 ·  1 Sep 2021 ·  Nigeria
Ignatius Igwe Agube, JCA Cordelia Ifeoma Jombo-Ofo, JCA Yargata Byenchit Nimpar, JCA

Ratio Decidendi

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Benue State sitting in Makurdi and delivered by HON. JUSTICE A. O. ONUM on the 29th July, 2014 wherein the Court below entered judgment in favour of the Respondents. The Appellant dissatisfied with the decision, filed an Amended Notice of Appeal dated 17th June, 2016 setting out 9 grounds of Appeal.

Facts leading to this appeal are straight forward and amenable to brief summary. The Respondents, as Plaintiffs at the lower Court instituted an action against the Appellant claiming that with their mother they made payments of the sums of N4million and $7,400 into late Chief Mrs. Rose Asase’s Naira and dollar accounts with the Appellant, however, it was later confirmed that the said sums were not reflected in the said accounts. The 2nd Respondent (who was 2nd claimant) claimed to be the one the mother authorized to deposit money into the account of late Chief Mrs. Ros…

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