Ratio DecidendiRatio DecidendiRatio Decidendi


(2009) JELR 46303 (CA)    

Court of Appeal  ·  CA/C/37/2005 ·  6 Jul 2009 ·  Nigeria
JAFARU MIKAKA’ILU 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
lower court
trial court
order nisi
learned counsel
counter affidavit
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…

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