(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
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
general damages
learned trial judge
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…

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