IBIYEMI ODUYE V NIGERIA AIRWAYS LIMITED
July 21, 2025WAHAB MABERI V CHIEF OYENIYI ALADE
July 21, 2025Legalpedia Citation: (1987) Legalpedia (SC) 81197
In the Supreme Court of Nigeria
Fri Apr 10, 1987
Suit Number: SC. 152/1984
CORAM
MOHAMMED BELLO, JUSTICE, SUPREME COURT
KAYODE ESO, JUSTICE, SUPREME COURT
ANTHONY NNAEMEZIE ANIAGOLU, JUSTICE, SUPREME COURT
DAHUNSI OLUGBEMI COKER, JUSTICE, SUPREME COURT
PARTIES
MOSHESHE GENERAL MERCHANT LTD
APPELLANTS
NIGERIA STEEL PRODUCTION LTD
RESPONDENTS
AREA(S) OF LAW
PRACTICE AND PROCEDURE
SUMMARY OF FACTS
The Respondent took out a writ against the appellant claiming some sums of money owed and interest. The judgment was then entered in favour of the respondent partly, based on admissions made by the appellant( who did not enter a defence). A later application by the appellant to set aside the judgment was granted, after hearing, the case of the respondent was dismissed which follows an appeal at the appeal court which was allowed, hence this appeal.
HELD
Dismissing theappeal (conditionally)
ISSUES
None.
RATIONES DECIDENDI
JUDGEMENT WHEN DEFENDANT ADMITS CLAIM
Where, as in the instant appeal, the claim is for a definite sum alleged owed by the defendant, and the defendant admits owing part of this sum, no difficulty will, or should, arise in the court entering judgment for the sum admitted leaving the balance to be contested. In such a case, the judgment could be entered upon an oral application to the court provided that the court, in its own discretion, may, having regard to the circumstances of the case, grant the application and enter judgment there and then, or order the applicant to formally move the Court. Yet, the admission in such a case is a solemn declaration of indebtedness of the defendant to the plaintiff, in the sum admitted, for the purpose of the remainder of the trial of that action. Per Anialogu JSC
CASES CITED
Nwafor Elik v. Elike v. Ihemereme Nwankwoala and Others (1984) 12 S.C. 301
Strauss v. Strauss (1866) L. R. 1 Q.B. 379
Blundell v. Rimmer (1971)1 W.L.R. 123
Fox v. Luke (1925)43 R.P.C. 37
STATUTES REFERRED TO
High Court (Civil procedure) Rules Cap 65 Vol. 111 Laws of Bendel State of Nigeria, 1976
