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MAISHANU
V.
AMCON

(2018) JELR 35458 (CA)

Court of Appeal 2 Feb 2018 Nigeria
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- This is an appeal against a judgment of the Federal High Court in Zamfara State. - The trial judge entered judgment for the plaintiff and declined to transfer the suit to the general cause list. - The appellant raised three grounds of app

Case Details

Suit Number:CA/S/55/2017
Judges:HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria MUHAMMED LAWAL SHUAIBU Justice of The Court of Appeal of Nigeria FREDERICK OZIAKPONO OHO Justice of The Court of Appeal of Nigeria
Counsel:Ogar C. Ogar (Holding brief of Sam. Anosike) For Appellant E. I. Ogiza For Respondent

MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Federal High Court sitting at Gusau, Zamfara State delivered on 22/3/2016 entering judgment for the plaintiff and declining to transfer the suit to the general cause list. At page 409 of the record of appeal, learned trial judge held as follows:

I have reflected on all these issues and questions which I have raised vis-??-vis the depositions in the Affidavit of the defendant with the huge documentary exhibit produced, I am not satisfied, in the exercise of my judicial discretion and based on the above findings, this Honourable Court deems that the defendants Affidavit disclosing defence on merit have failed to lay sufficient grounds for this Honourable Court to transfer the suit to the general cause list to be determined on its merit. Consequently I hereby enter judgment against the defendant as per the Writ of Summons of the plaintiff.

Miffed by the above, appellant appealed to …

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