Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ULI MICROFINANCE BANK (NIG) LTD
V.
NORBERT

(2018) JELR 38724 (CA)    

Court of Appeal  ·  CA/E/399/2016 ·  1 Jun 2018 ·  Nigeria
CORAM
HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
defendant
plaintiff
respondent
order
learned trial judge
evidence act
court of appeal
statement of claim
further answer
trial judge
commercial banks
order of court
payment of interest
plaintiffs money
supreme court
civil procedure
following manner
interest rate
account of such knowledge
account of the respondent
accrued interest
bankers books
brief of argument
date of judgment
decision of a court consisting
defendants custody
direct oral evidence
equitable rules
evidence of any fact
financial institutions act cap
financial institutions act no.
fit see order
following language
judicial notice of the fact
justice of the supreme court
laws of the federation of nigeria
leading judgment
member of that court
microfinance bank
period of time
plaintiff claims
plaintiffs accounts
plaintiff shows
plaintiffs motor account department
printed record of appeal
respondent deposits money
said sum
state of things
such particulars of any device

JOSEPH TINE TUR, JCA (Delivering the Leading Judgment): Any determination that puts an end to a dispute or a controversy between an appellant and a respondent is a decision or an opinion as defined in Section 294(2)-(4) and 318(1) of the Constitution of the Federal Republic of Nigeria, 1999 as altered. The provisions are couched in the following language:-

(2) Each Justice of the Supreme Court or of the Court of Appeal shall express and deliver his opinion in writing, or may state in writing that he adopts the opinion of any other Justice who delivers a written opinion:

Provided that it shall not be necessary for the Justices who heard a cause or matter to be present when judgment is to be delivered and the opinion of a Justice may be pronounced or read by any other Justice whether or not he was present at the hearing.

(3) A decision of a Court consisting of more than one Judge shall be determined by the opinion of the majority of its members.

(4) For the purpose of delivering its decisio…

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