PATE & ANOR.
V.
GALI

(2001) JELR 44300 (CA)

Court of Appeal · CA/K/301/95 · 10 Apr 2001 · Nigeria

CORAM

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

respondent

appellant

plaintiff

court

defendant

appeal

tons of fertilizer

issues

evidence

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 …

PATE & ANOR. V. GALI

PATE & ANOR.
V.
GALI