KWARA STATE MIN. OF HEALTH
V.
M. I. ELECTRICAL ENT.

(2011) JELR 51195 (CA)    

Court of Appeal  ·  CA/IL/22/2008 ·  4 Mar 2011 ·  Nigeria
CORAM
TIJJANI ABDULLAHI JCA (Presided and Read the Lead Judgment) SOTONYE DENTON-WEST JCA IGNATIUS IGWE AGUBE JCA
Core Terms Beta
appellants
counsel
senior counsel
case
issues
learned trial judge
lower court
issue no.
admission of the appellants
final judgment
record of proceedings
fair hearing
iota of dispute
trial court
considered view
high court
lead judgment
preliminary objection
contention of the learned counsel
decision of the learned trial judge
favour of the respondent
learned counsel
notice of appeal
ruling of the learned trial judge
support of this submission
contract agreement
decision of the learned trial court
decision of the trial court
facts of the case
light of the foregoing
provision of the said section
appellants of their constitutional right
attorney-general of the state
behalf of the appellants
civil court
decision of the kwara state high court of justice
fourth issue
hearing of the substantive suit
interlocutory decision of the trial court
judgment of the trial court
objection of the appellants
relevant provisions of the constitution of the federal republic
respective parties
respect of the worksfor
rules of this court
said clause
view of the arbitration clause
view of the authorities

ABDULLAHI JCA (Delivering the Lead Judgment): This is an appeal against the decision of the Kwara State High Court of Justice, coram. Gbadeyan J., delivered on 20 November 2007 wherein the learned trial Judge overruled the preliminary objection brought by the appellants and consequently entered judgment in favour of the respondent; the appellants having conceded that they are indebted to the respondent (claimant) and are, therefore not contesting the amount as claimed by the respondent.

The learned trial Judge held inter alia as follows: “In his reply, Mrs. Abdulrahaman conceded that they are indebted to the claimant and are therefore not contesting the amount as stipulated by the claimant. I am satisfied that there is no iota of dispute to be referred to any arbitrator in this matter. The objection is, therefore overruled. In the absence of any defence, judgment is accordingly entered for claimant as per the writ of summons.” Dissatisfied with the decision of the learned trial c…

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