(2003) JELR 44826 (CA)    

Court of Appeal  ·  CA/K/123/97 ·  10 Jun 2003 ·  Nigeria
Other Citations
Kadzi Int'l Ltd. v. Kano Tannery Co. Ltd [2004] 4 NWLR (Pt.864)545
Kadzi Intl Ltd. v. Kano Tannery Co. Ltd. (2004) 4 NWLR (Pt. 864) 545
ISA AYO SALAMI Justice of The Court of Appeal of Nigeria BABA ALKALI BA’ABA Justice of The Court of Appeal of Nigeria JOSEPH JEREMIAH UMOREN Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
second respondents
trial court
notice of preliminary objection
1st defendant
allied matters act
grounds of appeal
supreme court
1st respondent
2nd respondent
first defendant
trial judge
issue of receivership
kano state high court
laws of the federation of nigeria
leading judgment
notice of appeal
want of jurisdiction
additional grounds of appeal
cross-respondent brief
following issues
high court
leave of this court
second defendant
such point
writ of execution
1st respondents applications
appearance of counsel
appellants objection
circumstances of this case
competence of the lower court
consideration of the appellant
counsel insistence
cross-appeal ground
decision of the kano state high court of justice
decision of the learned trial judge
entire set of circumstances
favour of the appellant
manager of the first defendant
operation of the companies
provisions of order
registry of the trial court
ruling of the learned trial judge
said ground of appeal
writ of summons raises

ISA AYO SALAMI, J.C.A. (Delivering the Leading Judgment): This is an appeal brought against the decision of the Kano State High Court of Justice setting aside its own judgment delivered against the first defendant for want of jurisdiction but affirming the same judgment against the second defendant, the receiver or manager of the first defendant. The second defendant has also cross appealed against the judgment, with leave of this court granted on the 27th March, 2000 and the notice of appeal duly filed in the registry of the trial court on 5th April, 2000, within the time extended by this Court, and same accordingly served on the appellant.

The plaintiff commenced this action, under undefended list, claiming against the defendants jointly and severally the sum of N3,548,535.43 being the money advanced to the first defendant together with the agreed profit entered into with first defendant. The defendants did not file their notice of intention to defend the action as demanded of them…

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