CORAM

SALIHU MODIBBO ALFA BELGORE, JUSTICE SUPREME COURT

AKINTOLA OLUFEMI EJIWUNMI JUSTICE, SUPREME COURT

PARTIES

1. EKULO FARMS LIMITED2. BONIFACE OFFORKAJA APPELLANT(S) / DEFENDANT(S)

PLAINTIFFS / RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The respondents at the High court filed an action for the recovery of the sum of sum of N4, 912,797.30 under the undefended list. The appellant at the trial court filed motion for extension of time to defend and it was granted and the suit was transferred to general cause list. The plaintiff appealed.

HELD

The plaintiff did not have a right of appeal against a ruling of the court granting unconditional leave to defend an action.   ?

ISSUES

1. In view of the provisions of section 220 (2) (a) of 1979 Constitution of the Federal Republic of Nigeria [applicable in this case] was it proper for the Court of Appeal to hold that the Order of the trial Court transferring the suit to the General Cause List was null and void when, on the materials before it, both sides to this Appeal are ad idem that the decision of the trial Court supra gave the Defendants/ Respondents/Appellants unconditional leave to defend the suit.2. Was the decision of the Court of Appeal to the effect that section 220 (2) (a) of the Constitution of the Federal Republic of Nigeria 1979 does not apply to null decisions correct in law?”

RATIONES DECIDENDI

CASES CITED

1. National Bank of Nigeria Ltd vs. Weide and Company (Nig) Ltd and Others. (1996) 8 NWLR (Pt. 465) 150, 2. Ugwu v. Attorney General of East Central State (1975) 6 SC 13; 3. Adigun & Ors v. Attorney General of Oyo State & Ors (1987) 2 NWLR (pt. 56) 197; 4. Ajomale v. Yaduat No. 1 (1991) 5 NWLR (pt. 191) 257; 5. Odofin & Ors v. Agu & Ors. (1992) 3 NWLR (pt. 229) 350; ?

STATUTES REFERRED TO

Constitution of the Federal Republic of Nigeria 1999    ?

CLICK HERE TO READ FULL JUDGMENT