INTERCONTINENTAL BANK LTD VS BRIFINA LIMITED

CORAM

PARTIES

INTERCONTINENTAL BANK LTD APPELLANTS

 BRIFINA LIMITED

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

At the trial court, the appellant as plaintiff filed a suit under the undefended list. The trial judge entered judgment in its favour. Dissatisfied, the respondent appealed to the Court of Appeal, which allowed the appeal. Hence the further appeal by the appellant.

HELD

Appeal dismissed

ISSUES

1.Was the Court of Appeal right in ordering the action to be transferred to the General Cause List for determination before another judge in the same Judicial Division.?

2.Whether the Court of Appeal was right that the plaintiff did not discharge the burden of proof at the Trial Court.?

RATIONES DECIDENDI

WHEN A CLAIM CAN BE TRANSFERRED TO THE GENERAL CAUSE LIST

“Even though it is the plaintiff or a creditor seeking recovery of some money owed, that decides that a defendant or debtor has no defence to his claim, hence praying for judgment as he claims, the court owes it a duty to scrutinize the claims and the verifying affidavit with the attached documents, if any, to ensure that the claim is indeed suitable to be heard under Undefended List Procedure. Otherwise, it should be transferred to the general cause list.” Per Ariwoola, JSC

DUTY OF COURT ON STATING THE CORRECT POSITION OF THE LAW

“When a party in appeal puts up an argument in an issue that requires the re-instatement of the correct position of the law, the appellant court is duty bound to carefully consider the said issue and come up with the correct position of the law” Per GALADIMA, JSC

PRINCIPLES APPLICABLE IN UNDEFENDED LIST PROCEEDINGS

“The principles applicable in undefended list proceedings is that the court has a duty to consider the notice of intention to defend as well as the affidavit filed in support of the Writ of Summons. Even where there is no notice of intention to Defend, the court still has to inquire or examine whether the plaintiff has made out his claim in the affidavit accompanying the writ.” Per GALADIMA, JSC

CASES CITED

Obi v. Commercial Bank Ltd [2001] 2 NWLR (pt. 696) 133?

STATUTES REFERRED TO

NONE

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