(1998) JELR 45571 (CA)    

Court of Appeal  ·  CA/K/95/96 ·  26 Feb 1998 ·  Nigeria
Other Citations
Kano Plastics Ltd. v. Century Merchant Bank (1998) 3 NWLR (Pt.543)
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria ATINUKE OMOBONIKE IGE Justice of The Court of Appeal of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
notice of appeal
preliminary objection
rules of court
trial judge
court of appeal rules
learned counsel
proper notice of appeal
brother ogebe
abuse of court process
advantage of reading
brief of argument
bringing of an appeal
competence of the appeal
component parts
exclusive purview of the federal high court
federal high court receipt
following cases
foss v. harbottle
grounds of appeal
jurisdiction of the kano state high court
kana state high court
kano high court
kano state
leading judgment
majority shareholders of the appellant company
matter of procedural law
nigerian minority shareholders
notice of appeal fails
notice of preliminary objection
part judgment
payment of any sums
proper registry of the court
provisions of order
public treasury
purported notice of appeal
purview of the jurisdiction of the federal high court
rule of foss v
submission of the learned counsel
suit no. k
sum of n24
trial court
trial court suo motu

OGEBE, J.C.A. (Delivering the Leading Judgment): By a writ of summons in Suit No. K/427/93 dated 23rd August, 1993 the respondent as plaintiff claimed against the appellant as debt the sum of N24, 014.104.05k before Kano High Court. The debt was alleged to have arisen from certain banking transactions between the parties.

The appellant also made a counter-claim and in its statement of defence the appellant sought a declaration that it was only indebted to the respondent in the sum of N11, 814,940.87 and no more. Based on this and upon a motion on notice by the respondent, part judgment was entered for the amount admitted in favour of the respondent. Later it was discovered that the majority shareholders of the appellant company who were of Lebanese origin had fled the country. Consequently, the Nigerian minority shareholders took over control of the company and instructed their solicitor to introduce a fresh action to set aside the part-judgment given against the appellant on the grou…

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