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  • 2003-11-03
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SCOA Nigeria Plc vs. Danbatta

SCOA NIGERIA PLC

V

ALHAJI SANI YARO DANBATTA

COURT OF APPEAL

( ABUJA DIVISION )

M. S. M.-COOMASSIE, JCA ( Presided and Read the Lead Judgment )

ZAINAB ADAMU BULKACHUWA, JCA

ALBERT GBADEBO ODUYEMI, JCA

CA/A/20/M/2001

WEDNESDAY, 5TH JUNE, 2001

APPEAL - Issue for determination - Formulation of issues in excess of the grounds of appeal - Impropriety of - Need for counsel to be skillful in drafting

APPEAL - Preliminary objection on appeal - How filed and treated - Effect of preliminary objection attacking the hearing of the appeal as a whole

PRACTICE AND PROCEDURE - Preliminary objection on appeal - How filed and treated - Effect of preliminary objection attacking the hearing of the appeal as a whole

PRACTICE AND PROCEDURE - Undefended list - Matter filed on the undefended list - When should be transferred to the general cause list for determination

PRACTICE AND PROCEDURE - Undefended list procedure - An affidavit in support of notice of intention to defend - Whether discloses a defence on merit - How determined

Issue:

Whether the learned trial Judge was right having regard to the facts and prevailing law to have held that the appellant’s affidavit in support of his notice of intention to defend the writ placed on the undefended list did not disclose a defence on merit and whether by dint of that finding the plaintiff was entitled to judgment.

Facts:

By a writ of summons dated 17/10/2000 supported by an affidavit issued on the undefended list the respondent claimed against the appellant in the lower court the sum of N4,308,000.00 (four million, three hundred and eight thousand naira) only being commission on the sale of 120 units of 504 Peugeot Pick-Up Vans valued at N189,740,250.00 by the plaintiff and one Mr. Vadon Jaide of the defendant to INEC in 1998 and for which they were entitled to an agreed commission of 5% of the value of the goods sold, later reduced to 2% commission but in respect of which the defendant has refused to pay despite repeated oral and written demands.

The appellant was served with the said writ of summons as a result, the appellant filed a notice of intention to defend the action with the supporting affidavit wherein he denied the claims of the respondent. The case was heard under the undefended list procedure in accordance with the provisions of the rules of court, the learned trial Judge delivered the judgment in favour of the respondent thereby granting him all his claims. Dissatisfied with the judgment, the appellant appealed to the Court of Appeal