CORAM

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A.G. KARIBI-WHYTE JUSTICE, SUPREME COURT

S. KAWU JUSTICE, SUPREME COURT

P. NNAEMEKA-AGU JUSTICE, SUPREME COURT

U. OMO JUSTICE, SUPREME COURT

E.O. OGWUEGBU JUSTICE, SUPREME COURT

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PARTIES

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ALHAJI MOHAMMED LA’ARO BALOGUN

APPELLANTS 

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 UNITED BANK FOR AFRICA LIMITED

RESPONDENTS 

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AREA(S) OF LAW

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PAYMENT OF DEBT

 

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SUMMARY OF FACTS

The respondent/plaintiff sued the appellant /defendant in the High Court  claiming the sum of N24,103.53 being balance due on and unpaid on an overdraft facility granted to the appellant together with interest accruing on same until judgment was given and an order that the judgment debt be paid at the rate of 13% per annum. The learned trial Chief Judge, in a reserved judgment, held that the respondent had failed to prove its case and dismissed same. The respondent appealed to the Court of Appeal where the Appeal was allowed, and the judgment of the High Court was set aside. The appellant further appealed to the Supreme Court.

 

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HELD

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The appeal was dismissed and the judgment of the Court of Appeal was affirmed.

 

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ISSUES

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The learned justices of the Court of Appeal erred and misdirected themselves in law in ordering a non-suit after holding that the plaintiff/appellant did not prove its case at the Ilorin High Court.

 

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RATIONES DECIDENDI

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WHEN THE DEFENDANT RESTS HIS CASE ON THE PLAINTIFF’S

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“Where the defendant rests his case on that of the plaintiff, the defendant will be bound by the evidence called in support of the plaintiff’s case and the case must be dealt with as it stands.” Per OMO, J.S.C.

 

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CASES CITED

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Yuil v. Yuil (1945) All E.R. 183(185)

Parry v. Aluminium Corporation (1940) W.N. 44(46)

Laurie v. Raglan Building Co. Ltd. (1942)1 K.B. 152(156

 

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STATUTES REFERRED TO

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