Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



UBN PLC
V.
SPARKLING BREWERIES LTD. & ANOR

(2000) JELR 44068 (CA)    

Court of Appeal  ·  CA/B/107/97 ·  12 Apr 2000 ·  Nigeria
 · 
Other Citations
U.B.N. Plc v. Sparkling Brew. Ltd. (2000) 15 NWLR (Pt.689) 200
U.B.N. Plc v. Sparkling Brew. Ltd. (2000) 15 NWLR (Pt. 689) 200
CORAM
SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria RAPHEAL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
respondents
appellants
statement of account
evidence
evidence act
learned trial judge
cross-appeal
statements of account
cross-appellants
cross-respondents
lower court
counter-claim
j1
h1
k1
exhibits m
letters of demand
statements of accounts
exhibits k
leading judgment
learned counsel
grant of the said facilities
high court
ughelli high court
2nd appellant
accounts of the defendants
bendel high court laws
credible evidence
essence of the cross-appeal
events of the respondents default
evidence state
hearing of this appeal
law reference
loan facilities
lone issue
miss o. t. kasumu
new point
notice of appeal
notification letters of appointment of the 2nd appellant
order of the said injunction
respective briefs of argument
respondents businesses
respondents claim
single issue
statement of defence
suit no.w259
warri high court

ROWLAND, JCA (Delivering the Leading Judgment): This appeal is from a judgment of Narebor, J., of the Warri High Court in suit No.W259/89 given on the 19th day of April, 1996, in which the learned trial Judge dismissed the appellants' counter-claim in its entirety.

The respondents herein as plaintiffs instituted an action against the appellants in suit No.UCH/77/88 at the Ughelli Judicial Division wherein the respondents sought inter alia, to challenge the legality of certain instruments which conferred upon the appellants the right to manage the respondents businesses and undertakings in the events of the respondents default in repaying certain loan facilities. The respondents thereafter in 1988 obtained an interim injunction restraining the 2nd appellant from managing the undertakings of the respondents.

On the 14th of November, 1989 after the appellants had filed their statement of defence and counter-claim, suit No.UHC/77/88 was transferred under sections 35 and 36 of the Bendel H…

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