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



WEMA BANK
V.
OWOSHO

(2018) JELR 49520 (CA)    

Court of Appeal  ·  CA/L/08/2010 ·  9 Mar 2018 ·  Nigeria
CORAM
MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria BIOBELE ABRAHAM GEORGEWILL Justice of The Court of Appeal of Nigeria JAMILU YAMMAMA TUKUR Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
cause of action
high court of lagos state
counter claim
definition of a cause of action
appellant's counter claim
high court rules
counter claimant
repayment of a debt
position of the law
right of action
limitation law of lagos state
letter of demand
statement of claim of the respondent
high court
defence of their respective claims
exhibit d8
trial court
judicial authorities
legal action
law
respondents account
leading judgment
notice of appeal
demand letter
appellant's right
dismissal of its counter claim
limitation laws
meaning of cause of action
material processes of the appeal
supreme court
appellant
appellant's counter-claim
legal actions
exhibits d1-d8
bailiff of the court
payment of the indebted sum
court of law
writ of summons
legal rights
appellant's cause
expiration of the period of time
said counsel
counter-claim of the appellant
categories of legal actions
sum counter
employment of the judicial processes of a court
alleged fraud
recovery of a simple debt
duty of the court

MOHAMMED LAWAL GARBA, JCA (Delivering the Leading Judgment): The Appellant was the Defendant/Counter Claimant in the Respondent's Suit No. ID/3218/99 filed before the High Court of Lagos State on 2nd of November, 1999 and counter claim filed on the 1st of February, 2002. Pursuant to the High Court Rules, 2004, the parties amended their respective pleadings and the suit proceeded to trial whereat, they called witnesses in proof and defence of their respective claims. On the 5th day of June, 2008, the High Court delivered judgment in which inter alia, the Appellant's counter claim was dismissed on the grounds that it was statute barred and that there was no letter of demand for the sum counter claimed from the Appellant.

Not satisfied with the dismissal of its counter claim, the Appellant brought this appeal by the Notice of Appeal dated 3rd, but filed on 4th of September, 2008 on three (3) grounds and in the Appellant's brief dated the 14th of December, 2010 deemed on the 25th of Septem…

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