SWISS AIR TRANSPORT CO. LTD V. THE AFRICAN CONTINENTAL BANK LTD
August 28, 2025ANTHONY AKADILE V. THE STATE
August 28, 2025Legalpedia Citation: (2022-04) Legalpedia 23257 (SC)
In the Supreme Court of Nigeria
Abuja
Fri Jan 29, 1971
Suit Number: SC 613/1966
CORAM
ADEMOLA CHIEF JUSTICE, NIGERIA
LEWIS JUSTICE, SUPREME COURT
FATAI-WILLIAMS JUSTICE, SUPREME COURT
PARTIES
R.C.A. FETUGA substituted by S.A. ADEBAMBO and 2 others ADMINISTRATORS OF THE ESTATE OF R.C.A. FETUGA (dec’d)
APPELLANTS
BARCLAYS BANK D.C.O.
RESPONDENTS
AREA(S) OF LAW
None.
SUMMARY OF FACTS
The fact of the case was that in 1956 the four defendants formed a partnership in the firm known as Olu-Iwa Partnership or otherwise known as Olu-Iwa Trading Company. The Bank gave the firm overdraft facilities and at the time the action was brought, an amount of £9,170-3s-6d overdraft stood against the firm.
HELD
Appeal allowed.
ISSUES
1. Whether the defendants were not sued as partners but each in his personal capacity.
2.Whether the appellant who was the 2nd defendant at the trial was not served with hearing notice before the case was heard.
RATIONES DECIDENDI
IMPORTANCE OF HEARING NOTICE
CASES CITED
None.
STATUTES REFERRED TO
None.
