ALHAJI IBRAHIM YAKASSAI VS INCAR MOTORS NIG. LTD
August 8, 2025K.R. RAMANCHANDANI VS BASSEY EKPENYONG
August 8, 2025Legalpedia Citation: (1975) Legalpedia (SC) 78191
In the Supreme Court of Nigeria
Fri May 16, 1975
Suit Number: SC. 458/1974
CORAM
YEKINI OLAYIWOLA ADIO (Read the Leading Judgment), JUSTICE, SUPREME COURT
OGUNDARE, JUSTICE, SUPREME COURT
SIR UDO UDOMA, JUSTICE, SUPREME COURT
PARTIES
B.A. OKAFOR (Third party) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiffs commenced an undefended suit against the defendants for the sum of money lent by the plaintiffs as bankers to the defendant at the defendants request, and the interest due from the defendant to the plaintiffs in respect of the said loan. The defendants then filed a 3rd partys notice and applied for it to be served on one B.O Okafor. The Third Party, entered a conditional appearance.
HELD
The Supreme Court held that the learned trial Judge was clearly in error in finding that the appellant was liable as a third party.
ISSUES
Whether the Appellant was rightly sued as a third party
RATIONES DECIDENDI
EFFECT OF SERVICE OF A THIRD-PARTY NOTICE
“In our view, the mere service of a third-party notice does not make the person on whom it is served a defendant to the main action but makes him only a defendant vis-a-vis the person serving the notice. In the main action, the rights of the plaintiff and the defendant are determined without reference to the defendants claim against the third party, but when those rights have been ascertained, it is then open to the person brought in as the third party to have all relevant disputes determined between him and the person serving the notice. In doing this, the third party may defend himself in any way in which any defendant in an action at the suit of a plaintiff may defend himself.” Per FATAYI-WILLIAMS, JSC
CASES CITED
Barclays Bank v. Tom (1922) All ER p. 279 at pages 280 and 281
STATUTES REFERRED TO
