BADER TABBAA V. O.R. LABABEDI & ANOR
August 11, 2025SHELL BP PETROLEUM DEVELOPMENT COMPANY LTD. V. JAMMAL ENGINEERING NIGERIA LIMITED
August 12, 2025Legalpedia Citation: (1974) Legalpedia (SC) 21819
In the Supreme Court of Nigeria
Thu Apr 18, 1974
Suit Number: SC. 78/1973
CORAM
TASLIM O. ELIAS, CHIEF JUSTICE OF NIGERIA
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT br/>
PARTIES
MRS. MARGARET IFOP APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant claimed to have paid a series of money owned in separate aliquot portions by different persons to the respondent for exchange from the old Nigerian Currency to the new Nigerian Currency notes and the defendant failed to exchange. The trial judge non suited the plaintiff.
HELD
The Supreme Court held that there was no specific averment as to the ownership of the moneys in question in the Statement of Claim, to which the Statement of Defence is required to make a specific denial in accordance with the rules of pleading. The Judgment of the High Court was upheld including the order costs.
ISSUES
Whether the learned trial Judge erred in law in failing to enter judgment for the plaintiff when the material facts in the Statement of Claim have not been denied in the Statement of defence.
RATIONES DECIDENDI
STATEMENT OF DEFENCE
“The rule of pleading only requires the defendant to deny specifically what is clearly stated by the plaintiff in the Statement of Claim – Per Elias, CJN
CASES CITED
Grocott v. Lovatt & Anor. (1916) WN 317
STATUTES REFERRED TO
