Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



OGBOMOSO SOUTH LOCAL GOVT
V.
ADECENTRO (NIG) LTD & ORS

(2020) JELR 80468 (CA)    
Court of Appeal  ·  CA/IB/283/2009 ·  20 Mar 2020 ·  Nigeria
CORAM
HARUNA SIMON TSAMMANI JCA NONYEREM OKORONKWO JCA FOLASADE AYODEJI OJO JCA

Ratio Decidendi

Core Terms Beta
law firm
appeal
statement of claim
writ of summons
legal practitioner
court
court process
learned trial judge
legal practitioners act
name of a law firm
natural person
originating process
appellants brief of arguments
legal practitioners
name of bandele a. aiku
person
haruna simon tsammani
leave of this court
local government
trial court
1st respondent
alhaji tajudeen babatunde hamzat
amended notice of appeal
appeal court
breach of contract
building contractor
circumstances demand
company secretary
complete agreement
decision of the trial court
defendant’s failure
due dates
folasade ayodeji ojo
good condition
judgment of the oyo state high court of justice
leading judgment
legal services
nigerian law
record of appeal
return of the plaintiffs plants
rules of this court
set aside
solicitor of the supreme court of nigeria
such null process

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Oyo State High Court of Justice sitting in Ogbomoso, delivered on the 30th day of October, 1998 in Suit No: HOG/11/91. By a Writ of Summons filed on the 25/3/91 and a Further Amended Statement of Claim dated the 11/6/98 and filed on the 17/6/98, the 1st Respondent as Plaintiff claimed against the Appellant and 2nd, 3rd Respondents jointly and severally as follows:

(1). A declaration that the employers or defendant’s failure to cause to be issued certificate No.3 within time and/or to pay for work done and materials provided by the Plaintiff as building contractor on due dates is wrongful, improper and constitutes a breach of contract made between the Plaintiff and the employer or defendants for the construction of commercial and Motor Part Complex at Ogbomoso.
(2). The sum of ₦96,612.66 due and payable as balance for work done by the Plaintiff at the request of the Ogbomoso Loc…
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