MOSHESHE GENERAL MERCHANT LTD VS NIGERIA STEEL PRODUCTIONS LTD

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