(2022) JELR 109124 (CA)    
Court of Appeal  ·  CA/C/24/2016 ·  14 Jan 2022 ·  Nigeria
James Shehu Abiriyi, JCA Muhammed Lawal Shuaibu, JCA Ademola Samuel Bola, JCA
Core Terms Beta
agency relationship
agent of a disclosed principal
disclosed principal
instant case
private capacity
record of appeal
evidence of goddy ibem
learned trial judge
lower court
notice of appeal
second issue
address of the appellant
affidavit of the respondent
agent of a non-existent company
agent of the mega assets management ltd
appellant’s brief
appellant’s reply brief
behalf of a disclosed principal
breach of contract
civil suit
considered ruling
defendant’s application
following ways
general rule
james shehu abiriyi
leading judgment
liability of an agent of a disclosed principal
mandatory order
name of the mega assets managers ltd
proper party
relationship of agency
respective affidavit evidence
right of fair hearing of the appellant
said application
submission of counsel
support of any issue
third party’s affidavit
trial judge
unnecessary party

MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment):

This is an appeal against the ruling of the High Court of Cross River State sitting in Calabar delivered by Hon. Justice Michael Edem on 11th December, 2015 refusing the defendant’s application to strike out the suit.

The appellant as claimant before the lower Court commenced a civil suit claiming against the defendant as follows:-

i. A mandatory order compelling the defendant to refund the sum of N1,650,000.00 (One Million, Six Hundred and Fifty Thousand Naira) only to the claimant, same being the total amount of contributions the claimant made to the defendant.

ii. The sum of N1,000,000.00 (One Million Naira) only for breach of contract.

iii. General damages of N5,000,000.00 (Five Million Naira) only.

iv. 10% post-judgment sum until final liquidation.

v. Cost of litigation assessed at N500,000 (Five Hundred Thousand Naira) only.

On being served with the originating process, the defendant filed a conditional appearance and th…

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