CORAM

LEWIS JUSTICE, SUPREME COURT

MADARIKAN JUSTICE, SUPREME COURT

UDOMA JUSTICE, SUPREME COURT

PARTIES

RAZAQ A. BALOGUN APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Plaintiff/Respondent is banker to the Defendants. The Plaintiff sought to recover a sum of money from the defendant as overdraft taken by them. It was contended by the 1st defendant that he was just an agent of the 2nd and 3rd defendants

HELD

The Supreme Court held that as there was conflicting evidence on the issue as to whether the 1st defendant held himself out to the plaintiff as a partner and as the learned trial Judge came to no finding of fact on this vital issue, there was no alternative but to conclude that the matter was never properly determined. The appeal was allowed and the judgement against the first defendant was set aside and the plaintiffs claim against the 1st defendant be tried de novo before another judge.

ISSUES

Whether the learned trial Judge erred in law in holding the 1st defendant personally liable when in law he was only an agent of the association Ore-Ofe Women Fisheries Company

RATIONES DECIDENDI

PRINCIPLES OF AGENCY

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CASES CITED

STATUTES REFERRED TO

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