Ratio DecidendiRatio DecidendiRatio Decidendi


(2001) JELR 44301 (CA)    

Court of Appeal  ·  CA/K/323/00 ·  28 Jun 2001 ·  Nigeria
Other Citations
UBA PIc v. Jargaba (2002) 2 NWLR (Pt 750)200
ISA AYO SALAMI Justice of The Court of Appeal of Nigeria RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
1st defendant
2nd defendant
first appellant
general cause list
learned trial judge
notice of intention
second defendant
bank draft
favour of the plaintiff
lower court
facts of this case
third party
truck load of fertilizer
affidavit evidence
affidavit of intention
drury industries
facts of the case
failure of the defendants
learned trial court
light of the evidence
ordinary cause list
undefended list procedure
alternative issue of the appellant
appearance of both counsel
appellant of liability
applicants affidavit
barmani holding company ltd.
barmani holdings company nig
brief of argument
civil procedure rules kaduna state
cost of this action
defence counsel
exhibits abj
following individuals
funds transfer
funtua branch of first appellant
high court number
kaduna north branch of the first appellant
leading judgment
premises of the first appellant
printed record shows
refund of the said balance
required numbers of trucks load of fertilizers
respondent claim
support of the motion
writ of the plaintiff

OMAGE, J.C.A. (Delivering the Leading Judgment): In the high Court number 10, in the Kaduna State High Court Coram Gregory S. Lawan J., a judgment was delivered on 3rd July, 2000. The judgment was delivered in a suit filed under the undefended list procedure, the leave to issue which his lordship had granted earlier.

The judgment inter alia is as follows:

"It is true that a defence that I am not liable is a defence, but from the facts of this case and the affidavit evidence and documents, there is no defence on merit. I accordingly enter judgment against the 2nd defendant in favour of the plaintiff."

The endorsement on the writ of the plaintiff is;

"For a claim against the defendants jointly and or severally in the sum of ₦1,960,000.00 being outstanding arising from the failure of the defendants to fully supply to the plaintiff the required numbers of trucks load of fertilizers 2-10 percent interest on the judgment sum and cost of this action."

The facts of the case as contained in t…

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