ARMAFORD NIGERIA LIMITED & ORS VS. NDIC

CORAM

PARTIES

1. ARMAFORD NIGERIA LIMITED

2. MR. AYOADE ADEWUYI

3. MR. GBOGBOLAYO ADEOJO

APPELLANTS 

NIGERIAN DEPOSIT INSURANCE CORPORATION RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

This is an appeal against the ruling of the trial judge of the Federal High Court refusing to join Wema Bank to the suit. A loan was giving to the 1st Appellant in which there was no dispute regarding the indebtedness. The claim of the Appellant  was that the loan was used for the purchase of plants and machineries which was kept in a warehouse owned by Phoenix Motors Limited for a fee, and upon a visit to the warehouse by the 2nd Appellant it was discovered that the equipment’s were no longer in the warehouse. On enquiries to the whereabouts of the machineries, they claimed they were informed that Wema Bank Plc had appointed a Receiver-Wemabod Estates Ltd for Phoenix Motors Limited who were in liquidation. The 2nd Appellant by letter to Wemabod Estates Ltd said that he saw the equipment purchased with the term loan in the warehouse where they were kept in April 2005 long after the liquidator appointed by Wema Bank Plc had concluded the sale. The Respondent’s claim was that the equipment sold by Wema Bank plc was never the same equipment that was bought with the loan. They further claimed that the party sought to be joined was never a party to the loan transaction with (NBCI) nor had any relationship with the parties in the suit. The Appellants on the other hand alleged that they had a contractual relationship with Phoenix Motors Ltd now in liquidation and upon the liquidation of Phoenix Motors Ltd., Wemabod Estates Ltd took over possession of the premises occupied by Phoenix Motors Ltd but still kept the equipment purchased by the Appellants intact. In a reserved Ruling the learned trial judge dismissed the application for the joinder of Wema bank in the suit. Dissatisfied with the ruling the Appellants have appealed to this Court.

HELD

Apeal Dismissed

ISSUES

1. Whether or not there is a competent appeal.

2. Assuming without conceding that there is a competent appeal whether Wema Bank Plc is a necessary party to be joined in the action for the recovery of debt owed to the Respondent by the Appellants and which debt has not been disputed by the Appellants.?

3. Whether the Respondent can be compelled to join in an action a party with whom it has no claim and with whom there is no existing interest.?

RATIONES DECIDENDI

RELIEF-WHETHER A COURT CAN GRANT A RELIEF NOT CLAIMED

“The court cannot grant a relief not claimed”. PER IYIZOBA JCA

GROUNDS OF APPEAL- WHEN GROUNDS SUSTAINING AN APPEAL CAN BE ALLOWED AND WHEN IT CAN BE STRUCK OUT

“In the case of grounds of appeal, if there are other grounds to sustain the appeal after the grounds requiring leave are struck out, the appeal would go on. Obala of Otan-Aiyeabaju v Adesina (1999) 2 NWLR (PL 590) 163. But if all the grounds are affected, in the absence of grounds to sustain the appeal, then the appeal would be struck out.” PER IYIZOBA JCA

AFFIDAVIT EVIDENCE- THE EFFECT OF AFFIDAVIT EVIDENCE IN RESPECT OF A RELIEF NOT CLAIMED IN A MOTION

“Just as evidence cannot be led in respect of a matter not pleaded, affidavit evidence in respect of a relief not claimed in the motion paper is of no use”. PER IYIZOBA JCA

CASES CITED

STATUTES REFERRED TO

Court of Appeal Act 2004,

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