CORAM
LEWIS,JUSTICE, SUPREME COURT
LEWIS,JUSTICE, SUPREME COURT
ADEMOLA CHIEF JUSTICE, NIGERIA
ADEMOLA CHIEF JUSTICE, NIGERIA
LEWIS,JUSTICE, SUPREME COURT
FATAI-WILLIAMS,JUSTICE, SUPREME COURT
LEWIS,JUSTICE, SUPREME COURT
LEWIS,JUSTICE, SUPREME COURT
LEWIS,JUSTICE, SUPREME COURT
LEWIS,JUSTICE, SUPREME COURT
LEWIS,JUSTICE, SUPREME COURT
ADEMOLA CHIEF JUSTICE, NIGERIA
ADEMOLA CHIEF JUSTICE, NIGERIA
ADEMOLA CHIEF JUSTICE, NIGERIA
ADEMOLA CHIEF JUSTICE, NIGERIA
ADEMOLA CHIEF JUSTICE, NIGERIA
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
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
<br< p=””></br<>
CASES CITED
None
STATUTES REFERRED TO
None