DR. N.E. OKOYE & ANOR V CENTRE POINT MERCHANT BANK LTD

CORAM

GEORGE ADESOLA OGUNTADE JUSTICE, SUPREME COURT

WALTER SAMUEL NKANU ONNOGHEN, (Lead Judgment) JUSTICE, SUPREME COURT

GEORGE ADESOLA OGUNTADE JUSTICE, SUPREME COURT

JUSTICE, SUPREME COURT

WALTER SAMUEL NKANU ONNOGHEN, (Lead Judgment) JUSTICE, SUPREME COURT

GEORGE ADESOLA OGUNTADE JUSTICE, SUPREME COURT

PARTIES

1. DR. N.E. OKOYE & ANOR APPELLANTS

CENTRE POINT MERCHANT BANK LTD

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant sued under the undefended list for refund of the money in the fixed deposit with the Respondent. The Respondent did not file any intention to defend the action. Judgment was entered in favour of the Appellants. Aggrieved the Respondent appealed to the Court of Appeal which allowed it, hence this present appeal. ?

HELD

Appeal dismissed. The Court held that there was no proper service of the Court processes on the respondent, thus the proceedings were incompetent.

ISSUES

1. Whether the Court of Appeal was right in allowing the Defendants-Respondents’ appeal when the said Defendants-Respondents failed to argue their ground 6 of appeal which complained of specific finding that the writ of summons was duly served on the Defendants?

2. Whether the Court of Appeal has the jurisdiction to entertain an issue not contested at the trial High Court and decision reached thereat?

RATIONES DECIDENDI

CASES CITED

1. Alhaji J.A. Odutola v. Inspector Kayode (1994) 2 NWLR (Part 324) 1 at 15 2. Scot-Emuakpor v. Ukavbe (1975) 12 SC 41 at 47; 3. Skenconsult (Nig) Ltd v. Ukey (1981) 1 SC 6 at 26. 4. United Nigeria Press Ltd & Anor v. Adebanjo (1969) 6 NSCC 395 at 396 5. Martin Schroder & Co. v. Major & Company (Nig) Ltd (1989) 2 NWLR (Part 101)1 at 11 6. Alhaji Umaru Launi v. Ezeadua (1983) 6SC 370; 7. Madam Alice Okesuji v. fatai Alabi Lawal (1991) 1 NWLR (Part 170) 661 at 673.?