MAIDARA
V.
HALILU

(2000) JELR 43914 (CA)

Court of Appeal · CA/K/38/97 · 4 Jul 2000 · Nigeria
·

Other Citations

Maidara v. Halilu (2000) 13 NWLR (Pt.684)257

CORAM

ISA AYO SALAMI Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria VICTOR AIMEPOMO OYEYELE OMAGE Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

appellant

defendant

general damages

learned trial judge

issues

psychological trauma

statement of claim

trial court

credible evidence

trial judge

grounds of appeal

learned counsel

civil procedure

lower court

circumstance of this case

special damages

statement of defence

additional grounds of appeal

notice of appeal

pursuance of order

balance of money

briefs of argument

business transaction

clear case of simple contract offer

consequence of the matters

counter-claim fails

counter claims

course of this transaction

date judgment

evidence of the appellant

examination of the additional ground of appeal

exercise of discretion of the learned trial judge

following issues

full knowledge of his rights

general cause list

kaduna state high court

laws of kaduna state of nigeria

leading judgment

paragraph particulars of counter claim

paragraph statement of defence

principal sum of n203,000.00

principle of sharikat al mudharaba

procedure of this court

respondent supplies capital

submissions of the learned counsel

sum of n149,500.00

validity of the appellant

ISA AYO SALAMI, J.C.A. (Delivering the Leading Judgment): The plaintiff's claim against the defendant is for the sum of N149,500.00, being the balance of money collected from him for the purchase and supply of fertilizer, which the defendant refused or neglected to pay, inspite of several demands and an agreement, in which the defendant gave an undertaking to refund the same by 31st December, 1999. The writ of summons was caused to be issued, under undefended list, pursuance of Order 22 rule 1 of the Kaduna State High Court (Civil Procedure) Rules, 1987.

The defendant filed notice of his intention to defend supported by affidavit disclosing defence on the merit. The suit was eventually transferred from the undefended to the general cause list.

Pleadings were consequently ordered, filed and exchanged accordingly a statement of claim and amended statement of defence. The plaintiff's claim adumberated in paragraph 33 of his statement of claim reads inter alia as follows: "In consequence…

MAIDARA V. HALILU

MAIDARA
V.
HALILU