(2004) JELR 45046 (CA)    

Court of Appeal  ·  CA/A/97/2002 ·  10 Jun 2004 ·  Nigeria
Other Citations
Kaura v. U.B.A. Plc. (2005) 8 NWLR (Pt.926)24
IBRAHIM TANKO MUHAMMAD I Justice of The Court of Appeal of Nigeria ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria ALBERT GBADEBO ODUYEM Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
trial court
lower court
suit order
breach of its agreement
collective agreements
contract of the parties
following issues
grant of such loans
grounds of appeal
learned san
order of court
plaintiffs entitlements
retrenchment of the plaintiffs
second issue
african continental bank v
attention of the learned trial judge
case of the appellants
claim of the appellants
collective agreement
fifth issue
findings of the lower court
first issue
fourth issue
fundamental importance
guiding principles
high court of justice of the federal capital territory
i.t. muhammad
leading judgment
national housing find
plaintiffs claims
principle of set-off
proper advantage of the opportunity
record of the case
respect of the national housing fund
senior counsel
view of the claim of the appellants
view of the facts of the case

I.T. MUHAMMAD, J.C.A. (Delivering the Leading Judgment): In a writ of summons issued by the High Court of Justice of the Federal Capital Territory, Abuja (the court below) the appellants as plaintiffs endorsed some claims against the respondent as defendant. In a more elaborate form, paragraph 9 of the plaintiffs' statement of claim contains the claims as follows:

"Whereof the plaintiffs claims (sic) jointly and severally from the defendant-

(a) A declaration that the exercise carried out by the defendant on 23rd May, 1997, was retrenchment of the plaintiffs and that the defendant is in breach of its agreement guiding the grant of such loans to the plaintiffs and are not entitle (sic) to deduct any indebtedness if any from the plaintiffs entitlements with the defendant.

(b) An order of court directing the defendant to pay to the plaintiffs all their entitlements and or benefits totalling the sum of N8,990,699.64k."

In its statement of defence, the defendant denied each and every ma…

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