M BABA JCA (Delivering the Lead Judgment): This is an appeal against the decision of the Kano State High Court in suit No. K/339/ 2010, delivered by Hon. Justice Amina Adamu Aliyu on 5 January 2011. The case at the court below was heard on the undefended list procedure and at the end, the learned trial court dismissed the claim.
The court held:
“From the exhibit A1, the defendant is not a party to the contract, and apart from exhibit A5, there is nothing to show that the defendant was part of the contract. Exhibit A5 could best be undertaking to repay the misappropriated sums which still does make the defendant liable to his employees and union members who entrusted him with the responsibility of collecting the payments. It has been held in the case of Alade v. Alic Nigeria Limited (2011) All FWLR (Pt. 563) 1849, (2010) LPELR SC 169/2002 that a person who is not a party to a contract cannot be held liable. See also Chuba Ikpeazu v. A.C.B. Ltd (1965) NMLR 374, where it was held tha…