OKEAYA-INNEH
V.
QUALITY FINANCE LTD.

(2004) JELR 51134 (CA)    

Court of Appeal  ·  CA/B/22/2002 ·  25 Feb 2004 ·  Nigeria
CORAM
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA (Presided) AMINA ADAMU AUGIE JCA NWALI SYLVESTER NGWUTA JCA (Read the Lead Judgment)
Core Terms Beta
2nd respondent
appellant
assurance
counsel
respondents
1st respondent
statement of claim
edo state
respondent company
affidavit
counter-affidavit
paragraph
cause of action
civil procedure
lower court
affidavit evidence
oral guarantee
lead judgment
learned trial judge
ngwuta jca
trial judge
warranty of the 2nd respondent
bendel state high court
case of default
constructive fraud
inter alia
name of the 2nd respondent
single issue
supporting affidavit
unchallenged affidavit evidence
2nd respondents
absence of fraud
a counter-affidavit
appellant reproduced paragraphs
appellant’s argument
appellant’s brief
counter-affidavit of the appellant
debt of the 1st respondent
default of the 1st defendant company
high court
loan of the sum of n1,000,000.00
managing director
necessary party
part of the respondents
respect of the said transaction
said paragraphs
strength of the guarantee
suit no. b

NGWUTA JCA (Delivering the Lead Judgment): This is an appeal from the ruling of Agun J. in suit No. B/208/01. The appellant instituted the action in suit No. N/208/2001 in the High Court, Benin City, seeking to recover from the respondents a loan of the sum of N1,000,000.00 he granted to the 1st respondent allegedly on oral guarantee, assurance and warranty of the 2nd respondent, together with interest on the principal sum.

The 1st and 2nd respondents filed a motion on notice pursuant to Order 24, rules 2 and 3 of the Bendel State High Court (Civil Procedure ) Rules, 1988 applicable in Edo State, urging the court to strike out the name of the 2nd respondent on the ground that the said 2nd respondent (who is the managing director of the 1st respondent company) is not liable for the debt of the 1st respondent. The motion was supported by an affidavit. The appellant filed a counter-affidavit controverting the facts in the supporting affidavit and setting out facts based on which he urge…

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