(2000) JELR 51012 (SC)    

Supreme Court  ·  SC.106/1999 ·  7 Apr 2000 ·  Nigeria
Core Terms Beta
statement of claim
federal high court
statement of defence
civil procedure
court of appeal
provisions of order
1st defendant
close of pleadings
supreme court
point of law
questions of fact
demurrer application
matters of fact
plaintiff’s claim
trial judge
allegations of the plaintiff
amended statement of defence
decision of the court of appeal
particulars of claim
such order
common law
early stage
leading judgment
1st defendant’s fuel truck
a 1st defendant
clear difference
cost of repairs of plaintiff
decision of federal high court
defendants filedtheir statement of defence
facts of a case
first amended statement of claim
inherent jurisdiction of the court
leading judgment of the court of appeal
learned justice
longstanding interpretation of the relevant provisions of the rules
mandatory provisions of section
material question
second issue
see lewis
such recourse
suit no. fhc
third issue
use of facts
want of a reasonable cause of action

AYOOLA, JSC. (Delivering the Leading Judgment): There are before us an appeal by the 1st defendant in an action [Suit No. FHC/L/123/92 (“the suit”)] commenced at the Federal High Court and a cross-appeal by the plaintiff in the said suit. The appeal and the cross-appeal are from the decision of the Court of Appeal (Oguntade, Pats-Acholonu and Aderemi, JJ.C.A.) on an appeal brought before them from the decision of Federal High Court. For convenience, in this judgment the appellant is referred to as 1st defendant and the respondent is referred to as the plaintiff.

In the Federal High Court, the plaintiff’s claim was initially for cost of repairs of plaintiff’s aircraft which was leased to a company, called Barnax Airline Ltd. , and which was damaged when the fuel truck owned by Mobil Oil (Nig.) PLC, the A 1st defendant, drove into it. By a subsequent amendment, the plaintiff’s claim was for damages against the 1st defendant and another, jointly and severally, for the damages done to it…

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