Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



U.T.C. (NIG) LTD
V.
PAMOTEI

(1989) JELR 45321 (SC)    

Supreme Court  ·  SC.147/1988 ·  6 Mar 1989 ·  Nigeria
 · 
Other Citations
U.T.C. (Nig.) Ltd. v. Pamotei (1989) 2 NWLR (Pt.103) 244 (1989) 3 S.C. (Pt 1) 79
CORAM
MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria PHILLIP NNAEMEKA-AGU Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
leading judgment
high court of lagos state
provisions of order
high court
statement of claim
set aside
proper case
summary judgment
good defence
absence of the defendants
longe j. part of the judgment
such remedy
view of the defence
rules
default of defence
court of appeal
civil procedure
following reasons
statement of defence
facts of the case
defendants
triable issue
final judgment
learned judge
laws of lagos state
such facts
judgment summons
supreme court
judgment
1st defendant
chief williams
defence
interest of justice
order
support of the application
english authorities
honourable court
sufficient grounds
such judgment
set-aside
appeal
following statement
judgment sum
senior counsel
plaintiffs
affidavit of intention
such court
senior advocate
5th day of december

UWAIS, JSC (Delivering the  Leading Judgment): When this appeal was heard on the 5th day of December, 1988 it was summarily allowed with ₦500.00 costs to the appellant. We then intimated that the reasons for the judgment would be given today. I now state my reasons.

In the High Court of Lagos State holden at Ikeja, the Respondents brought an action against the appellant and one other. The writ of summons, which commenced the suit, was filed together with a statement of claim on the 9th day of June, 1984. The appellant together with the other party, as defendants, filed a memorandum of appearance on the 16th day of May, 1984. The defendants then took no further action.

Pursuant to the provisions of Order 10 of the High Court of Lagos State (Civil Procedure) Rules, Cap. 52 of the Laws of Lagos State 1973, the Plaintiffs applied to the High Court for judgment to be entered for them. The application was granted and judgment was accordingly entered for the plaintiffs by Longe J. Part of th…

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