Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1993) JELR 80157 (CA)    

Court of Appeal  ·  CA/I/218/87 ·  8 Nov 1993 ·  Nigeria
Other Citations
(1995) 5 NWLR PT 342 P 91
(1995)5 NWLR PT 342 P 91
Isa Ayo Salami, J.C.A. Rabiu Danlami Muhammad, J.C.A. Sylvanus Adiewere Nsofor, J.C.A.

Ratio Decidendi

Core Terms Beta
learned trial judge
exhibit c
ministry of local government
oyo state government
statement of claim
counter claim
grounds of appeal
respondent's appointment
claim of the plaintiff
employer of the respondent
employment of the respondent
learned counsel
local planning authority
contract of service
court of appeal rules
following terms
ilesa local planning authority
notice of appeal
such members
trial court
adumberation of the brief of argument
basis of the contract
basis of this claim
biological person
board of the authority
chairman of a local planning authority
claims of both parties
close of pleadings evidence
contracts of employment of service
defendant counterclaims
elementary principle of law
favour of the respondent
governor of the state
laws of oyo state of nigeria
leading judgment
letter of appointment
osun state of nigeria
oyo state ministry of local government
right path
support of their respective positions
terms of exhibit c

SALAMI, J.C.A. (Delivering the Leading Judgment): The appellant herein instituted an action in the erstwhile High Court of Oyo State of Nigeria, in Ilesa Judicial Division holden at Ilesa (presently in Osun State of Nigeria) claiming in the following terms -

"The recovery of the sum of ₦5,547.70 (FIVE THOUSAND FIVE HUNDRED AND FORTY-SEVEN NAIRA SEVENTY KOBO) being the outstanding balance of the vehicle loan plus administrative charges thereon granted by the plaintiff to the defendant at his own request in the month of May, 1981."

The defendant filed a defence to the claim and counter-claimed. The counter claim is copied immediately hereunder: -

"8. The defendant counterclaims against the claim of the plaintiff, the following -
(a) Allowance from 1/1/82 until 31/7/82 at ₦500 per month i.e. 7 months at ₦500 total ₦3,500.00.
(b) Allowance at the same fate as in (a) from 31/7/82 until the end of this action."

The basis of this claim is the letter issued by the Oyo State Ministry of Local Govern…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login