Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



MARTIN SCHROEDER & COMPANY
V.
MAJOR AND COMPANY (NIGERIA) LTD.

(1989) JELR 45318 (SC)    

Supreme Court  ·  SC.84/1986 ·  24 Feb 1989 ·  Nigeria
 · 
Other Citations
Schroder v. Major (1989) 2 NWLR (Pt.101)1 (1989) All N.L.R 201 (1989) 2 S.C. (Pt 11) 138
CORAM
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ABDUL GANIYU OLATUNJI AGBAJE Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
rule
rules
writ
affidavit
plaintiff
writ of summons
affidavit of service
civil procedure
date of service
provision of order
high court of lagos state
issues
prima facie proof of the matters
service of any process
special provision
court of appeal
deputy sheriff
general provision
proof of service of a writ
high court of lagos
true copy of the process
lagos state
marginal notes
28th day of november
general application
instant case
judgment debt
learned judge
proof of service of the writ
service of writ of summons
set aside
sum of n11,935.15
writ of execution
adjourned date
bailiff of the lagos high court
complete agreement
completion of the prescribed form
elaboration of the brief of arguments
final judgment
following orders
judgment of this honorable court
lagos high court
leading judgment
learned trial judge
particular section of the statute
person effecting service
plaintiffs agents
present case
said bill
support of the appeal

Wali, JSC (Delivering the Leading Judgment).: On the 28th day of November, 1988 after hearing learned counsel for the appellant in elaboration of the Brief of Arguments in support of the appeal, and without calling upon learned Counsel for the Respondent, the appeal was summarily dismissed and reasons for doing so were reserved to today. I now proceed to give my reasons.

By a specially Endorsed Writ taken out in the Lagos High Court under the provision of Order 3 Rules 4 and 5 of the High Court of Lagos State (Civil Procedure) Rules, the appellant as plaintiff claimed from the Respondent as Defendant as follows:

"STATEMENT OF CLAIM"

"1. The plaintiff drew a Bill of Exchange at Hamburg, Western Germany, dated 8th November, 1975, for DM 24, 703.40 with interest at the rate of 1 % per month payable to the plaintiff on 6th February, 1976, which said Bill the Defendant duly accepted.

2. On or about the 6th February, 1976, the plaintiffs agents in Lagos, the Union Bank of Nigeria Limited, Y…

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