(2000) JELR 44198 (CA)    

Court of Appeal  ·  CA/E/201M/98 ·  12 Jul 2000 ·  Nigeria
Other Citations
Nireko Ent. Ltd. v. First Bank (Nig.) Plc (2001) 1 NWLR (Pt.695)436
EUGENE CHUKWUEMEKA UBAEZONU Justice of The Court of Appeal of Nigeria SULE AREMU OLAGUNJU Justice of The Court of Appeal of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
grounds of appeal
rights of the parties
final decision
final judgment
lower court
learned trial judge
constitution of nigeria
interlocutory decision
notice of appeal
24th july
anambra state
criminal proceedings
real test
stay of further proceedings
western steel
altrincham urban district council
attorney general
british judges
copy of the notice of appeal
defendant of cheque no
determination of the appeal
final decisions
final rights of the parties
following cases
following reliefs
high court awka
interlocutory decision of the awka high court
interlocutory stems
judgment award
karibi-whyte j.c.a.
la grange
lead ruling
learned justice
learned lord justice
lord denning m. r.
lord justice
meaning of the rules
paragraph affidavit
present time
questions call
re faithful ex parte moore
said constitution
status quo

UBAEZONU, J.C.A. (Delivering the Lead Ruling): In an action commenced by the plaintiff/applicant at the High Court Awka, Anambra State, it claimed against defendant/respondent the following reliefs:

"(a) N3.8 million (Three million eight hundred thousand naira) being loss of profit suffered by the plaintiff in consequence of the wrongful dishonour by the defendant of cheque No.HV00662438 of 14/9/95 issued to the plaintiff by the Anambra State Local Government Joint Service Committee.

(b) Interest at 10% on the judgment award until payment.

(c) N380,000.00 (three hundred and eighty thousand Naira) being fair and reasonable fees agreed to be paid as solicitor's fees."

Pleadings were duly filed and exchanged, PW1 testified. Following a motion by the defendant/respondent to dismiss the suit for lack of capacity and locus in the plaintiff to bring action, the court on 24th July, 1997, in a considered ruling, dismissed the motion and adjourned the case for continuation of hearing. Against t…

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