UBONG
V.
UDO

(2022) JELR 109124 (CA)

Court of Appeal · CA/C/24/2016 · 14 Jan 2022 · Nigeria

CORAM

James Shehu Abiriyi, JCA Muhammed Lawal Shuaibu, JCA Ademola Samuel Bola, JCA

Core Terms ^Beta

appellant

appeal

issues

counsel

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…

UBONG V. UDO

UBONG
V.
UDO