(1994) JELR 45792 (SC)    

Supreme Court  ·  SC.71/1992 ·  10 Jun 1994 ·  Nigeria
Other Citations
Himma Merchants Ltd. v. Aliyu (1994) 5 NWLR (pT.347)667
MUHAMMADU LAWAL UWIAS Justice of The Supreme Court of Nigeria OLAJIDE OLATAWURA Justice of The Supreme Court of Nigeria EMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria
Core Terms Beta
judgment debt
learned trial judge
civil procedure
final payment
trial court
bauchi state high court
writ of summons
provisions of order
rate of interest
undefended list
court discretion
court of appeal
judgment of the court
senior advocate
awarded interest
bauchi state rules
award of interest
interest rate
notice of intention
rules of court
bauchi state high court rules
enough affidavit evidence
entire debt
following terms
grounds of appeal
lower court
supreme court
west africa
3rd day of march
annual sum of n7,000.00
annum interest
case of reuben ekwunife v
claim of n16.500
decision of the high court of bauchi state holden
high water mark
jurisdiction of this honourable court
leading judgment
owner of a fuel filling station
respondent claim
rules of this court
said claim
see london

ONU, J.S.C. (Delivering the Leading Judgment): This appeal emanates from the Court of Appeal sitting in Jos, which on 2nd March, 1992 dismissed the Defendant/Appellant's, appeal from the decision of the High Court of Bauchi State holden in Bauchi where the Respondent as plaintiff had taken out a Writ on the Undefended List against them (Appellants) as follows:-

"The plaintiff is the owner of a fuel filling station at Misau Town within the jurisdiction of this Honourable Court while the defendant is an independent petroleum marketer. On or about the 3rd day of March, 1988 the defendant took on lease the plaintiff's filling station together with all the appurtenances there unto belonging for an annual sum of N7,000.00 with 5 years rent (i.e. N35,000.00) payable in advance.

The defendant paid N18,000.00 secured the necessary approvals and commenced operation at the plaintiff's filing station but have since failed and neglected to pay the balance of N16,500.00 despite repeated demands.


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