UBA PLC
V.
UBOKULO & ORS

(2009) JELR 46303 (CA)

Court of Appeal · CA/C/37/2005 · 6 Jul 2009 · Nigeria

CORAM

JAFARU MIKAKAILU Justice of The Court of Appeal of Nigeria NWALI SYLVESTER NGWUTA Justice of The Court of Appeal of Nigeria JEAN OMOKRI Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms ^Beta

judgment

garnishee

debtor

order

court

appeal

counsel

lower court

trial court

affidavit

order nisi

learned counsel

counter affidavit

issues

account of the judgment

evidence act

learned trial judge

brief learned counsel

brief of argument

grounds of appeal

installmental payment of the judgment

judgment debtor

ownership of the account

said account

said order

absolute files

affidavit of particular relevance

affidavit of the garnishee

akwa ibom state

application of the plaintiffs

consent of counsel

contents of appellant

debtor oron local government council

execution of the judgment

face of the affidavit evidence

following issue

high court

high court of akwa ibom state

leading judgment

local government counsel

notice of intension

onus of proof of the ownership

personal grounds

relevant documents

ruling of mbaba j. of the high court

said judgment

suit no hon

view of the fact

NWALI SYLVESTER NGWUTA, JCA (Delivering the Leading Judgment): This appeal is against the ruling of Mbaba J. of the High Court of Akwa Ibom State, Uyo Judicial Division, delivered on 21/7/04, in which order nisi made on 29/6/2004, was made absolute.

In the court below the Plaintiffs commenced suit No Hon /47/97 against the defendants in the High Court of Akwa Ibom State, Oron before Esang J. claiming the sum of N1,205,753.31.

The matter was at the instance of the Plaintiff placed in the undefended list.

However, based on the notice of intension to defend the suit and affidavit, disclosing a defence on the merit Esang J. returned the case to the general cause for hearing and determination, giving the parties 30 days within which to file their Pleadings.

His Lordship suo motu transferred the suit to the Hon. Chief Judge of Akwa Ibom State for reassignment to another Judge in the state. The order stated that, "The reason for transfer is on personal grounds" see page 8 of the records. Th…

UBA PLC V. UBOKULO & ORS

UBA PLC
V.
UBOKULO & ORS