Legalpedia Citation: (2010) Legalpedia (SC) 11181
In the Supreme Court of Nigeria
Thu Feb 25, 2010
Suit Number: SC.257/2003
CORAM
ALOYSIUS IYORGER KASTINA-ALU, JUSTICE, SUPREME COURT
MUHAMMED MUNTAKA-COOMASSIE, JUSTICE, SUPREME COURT
ALOYSIUS IYORGER KASTINA-ALU, JUSTICE, SUPREME COURT
PARTIES
KHALED BARAKAT CHAMI APPELLANTS
UNITED BANK FOR AFRICA PLC
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was a guarantor for a loan which he didn’t pay when called on to so do. He was sued by the respondent which dismissed the respondent’s claim but was later upturned by the court of appeal. Dissatisfied, the appellant has appealed
HELD
Appeal dismissed.
ISSUES
1. Whether the lower court was right to have struck out 15 out of the 25 pages of the brief of argument filed on behalf of the appellant at the lower court on the ground that they were irrelevant and at the same time proceed to make findings on the same issues addressed by the struck out pages on the basis of the respondent’s brief (appellant’s brief at the lower court) alone which amounted to a denial of fair hearing.?
2. Whether the lower court was right to hold that Rasha Enterprises Limited was not a necessary party to the proceedings at the court of first instance.?
RATIONES DECIDENDI
ISSUES FOR DETERMINATION MUST FLOW FROM GROUNDS OF APPEAL.
“Issues for determination must be distilled from grounds of appeal which ground(s) must attack the ratio decidendi of the judgment not anything said by the way.” Per ONNOGHEN, JSC
A GUARANTOR IS LIABLE FOR THE DEBTS OF THE PRINCIPAL DEBTOR.
“The contract of guarantee so created can be enforced against the guarantor directly or independently without the necessity of joining the principal debtor in the proceedings to enforce same.” Per ONNOGHEN, JSC
GROUNDS OF APPEAL :HOW DETERMINED.
“Grounds of appeal must be based always on the reasons for the decision reached by the lower court which should in turn be based on the issues joined by the parties in their pleadings”. Per ONNOGHEN, JSC
CASES CITED
1. Ezukwu vs Uka Chukwu (2004) All FWLR (pt. 224) 2137 at 2149;
2. Ojabo vs Inland Bank Nigeria Plc (1998) 11 NWLR (pt. 574) 433 at 438.
3. Olujitan vs Oshatoba (1992) 5NWLR (pt. 241) 326 at 329;
4. Ekerebe vs Efeizorma II (1993) 7 nwlr (pt. 307) 588
STATUTES REFERRED TO
None.