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…

OKEAYA-INNEH V. QUALITY FINANCE LTD.

OKEAYA-INNEH
V.
QUALITY FINANCE LTD.