CORAM
MUHAMMADU LAWAL UWAIS (Presided) , JUSTICE SUPREME COURT
OLAJIDE OLATAWURA , JUSTICE SUPREME COURT
SYLVESTER UMARU ONU (Read the Leading Judgment), JUSTICE SUPREME COURT
YEKINI OLAYIWOLA ADIO, JUSTICE SUPREME COURT
PARTIES
HIMMA MERCHANTS LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
This appeal emanates from the Court of Appeal which dismissed the Defendant/Appellant’s, appeal from the decision of the High Court where the Respondent/plaintiff, had taken out a Writ on the Undefended List against the appellants. Judgment was entered for the plaintiff. Learned counsel for the appellant moved the court on the notice of intention to defend, urging him to stay proceedings to allow for the enforcement of arbitration. The learned trial Judge in a considered reserved ruling, found for the respondent once again. The appellant’s appeal to the Court of Appeal was dismissed. He further appealed to the Supreme Court.
HELD
The appeal succeeded and was allowed.
ISSUES
1. Whether there was enough affidavit evidence setting forth the grounds upon which the respondent’s claim for 20% interest on the claim of N16.500.00 from July, 1988 until the entire debt is liquidated is based.2. Whether the provisions of Order 40 Rule 7 of the Bauchi State High Court (Civil Procedure) Rules is wide enough to support the enforcement of 20% interest per month on a judgment debt from a date which antedates the judgment of the court until the entire sum of money owed is liquidated.
RATIONES DECIDENDI
THE BEST METHOD TO SATISFY A COURT
“The best method of satisfying a court about the existence of any matter is by adducing credible, sufficient and satisfactory evidence about it.” Per ONU, JSC.
CASES CITED
STATUTES REFERRED TO