M. S. C. EZEMBA VS S. O. IBENEME
June 11, 2025INTERNATIONAL MESSENGERS NIGERIA LIMITED VS ENGINEER DAVID NWACHUKU
June 11, 2025Legalpedia Citation: (2004) Legalpedia (CA) 33879
In the Court of Appeal
Thu Jul 1, 2004
Suit Number: CA/L/311/94
CORAM
SOWEMIMO, JUSTICE SUPREME COURT
PAUL ADAMU GALINJE, JUSTICE, COURT OF APPEAL
PARTIES
INTERMERCOSA (NIG.) LTD AFRICAN TRUST HOLDINGS LTD TONY A. E. AWANA
ANAMBRA MOTOR MANUFACTURING CO. LTD (ANAMMCO) INTERNATIONAL BANK FOR WEST AFRICA (I.B.W.A.)
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiff/Respondent in the appeal claimed against the 1st-3rd Appellants as the 1st-3rd Defendants and the 4th Respondent as the 4th Defendant jointly and severally as follows: (i) A declaration that the transfer and or deposit by the Plaintiff of 10 (Ten) Million Naira into the 1st Defendant’s account No.36000082U at the 4th Defendant’s Branch at Victoria Island, Lagos is conditional on the issue of a Bank Draft of 10(Ten) million Naira in favour of the Plaintiff.(ii) A declaration that the 1st Defendant’s said Account No. 37000082U is a blocked account and can only be operated with the approval of the Plaintiff in respect of the deposit or transfer of the said 10 (Ten) million Naira.(iii) A declaration that it is wrongful and unlawful for the 4th Defendant having regard to the circumstances of this case to permit the 1st-3rd Defendants or any of them to draw on the said account without the consent and approval of the Plaintiff amongst other reliefs. The trial Court granted the Plaintiff/Respondent’s application. Dissatisfied, the Defendant/Appellant appealed to the Court of Appeal.
HELD
Appeal Dismissed
ISSUES
Where the learned judge was right in entering judgment for the plaintiff/respondent after striking out the appellants joint defenceWhether having regard to the proceeding for interrogatories and discovery, the learned judge was right in striking out the appellants joint defence.
RATIONES DECIDENDI
JUDICIAL DISCRETION – AN APPELLATE COURT WILL NOT INTERFERE WITH THE DISCRETION OF A LOWER COURT
“It is trite law that an appellate court will not interfere with the discretion of a lower court which was exercised judicially and judiciously once it is shown that the court did not exercise its discretion based extraneous matters or omit to take relevant issues into consideration.” PER OGEBE JCA
CASES CITED
Nwabueze V. Nwosu (1988) 4 NWLR (Pt.88) 257University Of Lagos V. Aigoro (1985) 1 NWLR (Pt.1) 143
STATUTES REFERRED TO
High Court of Lagos State (Civil Procedure) Rules 1972High Court Law of the Laws of Lagos State 1973
