May 27, 2025
Legalpedia Citation: (2009-05) Legalpedia 27296 (SC) In the Supreme Court of Nigeria Holden at Abuja Fri May 22, 2009 Suit Number: SC 153/2002 CORAM D MUSDAPHER, JUSTICE […]
CORAM
D MUSDAPHER, JUSTICE SUPREME COURT
I F OGBUAGU, JUSTICE SUPREME COURT
F F TABAI, JUSTICE SUPREME COURT
I T MUHAMMAD, JUSTICE SUPREME COURT
M S. MUNTAKA-COOMASSIE, JJUSTICE SUPREME COURT
PARTIES
HENRY STEPHENS ENGINEERING LTD
APPELLANTS
S. A. YAKUBU (NIG.) LTD
RESPONDENTS
AREA(S) OF LAW
INTERLOCUTORY APPEAL – CONVERISON
SUMMARY OF FACTS
The respondent as plaintiff claimed from the appellant money due and payable for wrongful conversion of its concrete mixer. The appellant filed an application to dismiss the suit on the ground that it was statute barred. The trial judge dismissed the appellant’s application. On the Court of Appeal further dismissing the appeal, the appellant has appealed the order.
HELD
Appeal dismissed
ISSUES
Whether the said action of the Respondent, was/is statute-barred as claimed by the Appellant
RATIONES DECIDENDI
AFFIDAVIT EVIDENCE-HOW TREATED
Affidavit Evidence, constitutes evidence and any deposition therein not challenged, is deemed admitted. Per OGBUAGU, JSC
FILING AN APPLICATION TO DISMISS AN ACTION
When a Defendant files an application (such as the one that has given rise to this Appeal) to strike out or dismiss an action on the ground that it discloses no reasonable cause of action, he is, for the purpose of the Application, taken to have admitted the facts alleged in the Statement of Claim. Per TABAI, JSC
CASES CITED
1. Ajomale v. Yaduat & anor. (No.2) (l99I) 5 NWLR (Pt.I91) 226 at 282-283; (1991) 5 SCNJ. 178
2. Magnusson v. Koikoi (l993) 12 SCNJ 114
3. Abubakar Yusuf V. Alhaji B. A. Mobolaji (1999) 12 NWLR (Part. 631) 374 at 387,
4. Dr. Olatunbosun Odejide v. Madam Olaide Fagbo (2004) 8 NWLR 1 at 25,
5. J. Durojaiye Adeturo & Ors V. Ogo Oluwa Kitan Trading Co. Ltd (2002) 9 NWLR (Part 771) 157 at 201.
STATUTES REFERRED TO
NONE