(2001) JELR 44300 (CA)    

Court of Appeal  ·  CA/K/301/95 ·  10 Apr 2001 ·  Nigeria
ISA AYO SALAMI Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria
Core Terms Beta
tons of fertilizer
grounds of appeal
upper area court
tonnes of fertilizer
trial court
high court
learned justices
lorry loads
nwlr pt
respondents claim
respondents issue
appellate court
civil proceedings
favour of the respondent
judgment of the learned justices
reply brief
upper area court zaria
actual fact
additional grounds of appeal
admitted sum of n48,000.00 cost of the fertilizer
appellate court coram mukaddas
claim of n48.000
clear proof
consideration of issue
cost of n48.000
high court kaduna state
issue c
judgment of the high court
leading judgment
oshoba vs. amuda
place of the decision of the upper area court
proof of any kind
proof of the supply
proper case
rules of the court of appeal
said issue
said reply brief
said sum
see section
statement of claim
sum of n48,000

VICTOR AIMEPOMO OYELEYE OMAGE J.C.A, (Delivering the Leading Judgment): The respondent in this appeal commenced proceedings in the Upper Area Court Zaria against the appellant for the recovery from the appellant, the sum of N48,000. The said sum, the Respondent as plaintiff alleged is for payment for 120 tonnes of fertilizer, which he sold to the Appellant as defendant sometime, at a time not stated. The Upper Area Court took evidence in the suit and struck out same, saying it had no jurisdiction. The plaintiff/appellant was not satisfied with the observation made by the court in the Upper Area Court, and he appealed to the High Court Kaduna State which court takes appeal from the Upper Area Court. In the High Court, the appellate court granted leave to the appellant to file and argue additional grounds of appeal. In the appellate court Coram Mukaddas and A.D. Yahaya J.J. The grounds of appeal filed were considered after the addresses of both counsel.

This is how the court ruled:

"We …

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