Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



TIWANI LTD.
V.
CITI TRUST MERCHANT BANK LTD.

(1997) JELR 45499 (CA)    

Court of Appeal  ·  CA/PH/221/96 ·  17 Jun 1997 ·  Nigeria
 · 
Other Citations
Tiwani Ltd. v. C.T.M.B. Ltd (1997) 8 NWLR (Pt. 515)
Tiwani Ltd. C.T.M.B. Ltd. (1997) 8 NWLR (Pt. 515) 140
CORAM
ALOYSIUS IYORGYER KATSINA-ALU JCA RAPHAEL OLUFEMI ROWLAND JCA MORONKEJI OMOTAYO ONALAJA JCA

Ratio Decidendi

Core Terms Beta
defendant
court
case
evidence
plaintiff
learned trial judge
trial
trial judge
lower court
trial court
plaintiff's witnesses
supreme court
leading judgment
appellate court
mr. leyimu
support of its case
defendant's counsel
exercise of the discretion
1st january
court proceedings
cross-examination
exercise of discretion
fair hearing
federal high court
plaintiff's current prime lending rate
recall of the witnesses
agreement of both counsel
appeal fails
appellant leave
circumstances of the case
copies of any relevant documents
counsels
defendant's affidavit
defendant's request
discretionary power
end of justice
evidence of p.w.1
ex-parte order of ojutalayo
grounds of appeal
hearing of the substantive case
katsina-alu
learned trial judge exercise
misapprehension of fact
necessary applications
order of possession of the said vessel
order of specific performance of the contractual obligation
prodding of both counsel
p.w.1 kunle ajeigbe
situation counsel


KATSINA-ALU, J.CA.: (Delivering the Leading Judgment): This is an appeal against the decision of Sanyaolu. J. of the Federal High Court, Port Harcourt delivered on 21 July. 1995.

The respondent as plaintiff claimed against the defendant as follows:

1. An order of possession of the said vessel;
2. The liquidated sum of ₦6,933,871.88k, being unpaid rental arrears, and over-draft granted to the defendant by the plaintiff at the defendant's request, with interest thereon at the plaintiff's current prime lending rate from time to time from 1st January. 1994 till judgment and thereafter total liquidation of the sum;
3. An order of specific performance of the contractual obligation to obtain all requisite approvals; and
4. Damages for breach of contract, loss of profit, as may be assessed; or in the alternative.
5. The liquidated sum of ₦22,355,783.78k plus interest thereon at the plaintiff's current prime lending rate from time to time from 1st January 1994 till total liquidation of the deb…
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