Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



HORSFALL
V.
ARMAH

(2011) JELR 57830 (CA)    

Court of Appeal  ·  CA/L/168/2010 ·  2 Jun 2011 ·  Nigeria
CORAM
CLARA BATA OGUNBIYI JCA (Presided) ADZIRA GANA MSHELIA JCA HUSSEIN MUKHTAR JCA (Read the Lead Judgment)

Ratio Decidendi

Core Terms Beta
defendant
appellant
defence
summary judgment
statement of defence
respondent’s claim
claimant’s wife
learned trial judge
statement of claim
civil procedure
counter-affidavit
learned counsel
mrs. tiena armah
triable issue
appellant’s counsel
lagos state high court
first issue
lead judgment
legal services
list of witnesses
written brief
appellant’s counter-affidavit
attorney relationship
documentary exhibits
essence of summary judgment procedure
following documents
high court of lagos state
lower court
mrs tiena armah
professional legal services
second issue
trial judge
written address
appellant of existence of contract
circumstances of this case
close personal relationship
copies of every document
defence witnesses’ statements
family relationship
favour of the claimant
favour of the respondent
final judgment
law firm of armah chambers
material issue worthy of trial
personal basis
said averments
such deposition
supreme court decisions
weight of evidence

MUKHTAR JCA (Delivering the Lead Judgment): The appellant herein has challenged the summary judgment entered by Lagos State High Court on 2 July 2007, in the sum of ₦650,000,000.00 (six hundred and fifty million naira) in favour of the respondent. The summary judgment was sequel to an action instituted by the respondent against the appellant on the undefended list on 22 August 2007. The writ of summons dated 2 July 2007, was front-loaded concurrently with a statement of claim, list of witnesses, exhibits all of even date and witnesses’ depositions on oath, along with some documentary exhibits and motion for summary judgment supported by a twenty-four paragraphed affidavit and a written address dated 2 July 2007. The respondent’s claim was for ₦650,000,000.00 (six hundred and fifty million naira) with interest being his fees for professional legal services allegedly rendered to the appellant and that the latter has no defence to the action. Upon receiving the processes filed by the r…

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