May 15, 2025
Legalpedia Citation: (2013) Legalpedia (SC) 47264 In the Supreme Court of Nigeria Fri Apr 12, 2013 Suit Number: SUIT No: SC. 215/2003 CORAM WALTER SAMUEL NKANU ONNQGHEN, […]
CORAM
WALTER SAMUEL NKANU ONNQGHEN, JUSTICE, SUPREME COURT
PARTIES
MAOBISON INTER-LINK ASSOCIATED LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant claim against the Respondent in the trial court for damages for breach of contract. The Appellant approach the Respondent for purchase of a generator set. The generator set paid and ordered for was not available and another generator set which was fundamentally different from the one he ordered for was finally supplied. He sued the defendant at the trial court and the court entered judgment in the favour of the defendant. He appeal to the court of appeal and the appeal was dismissed hence this appeal to the Supreme Court.
HELD
APPEAL DISMISSED?
ISSUES
Is the defendant/appellant entitled to its counter claim having regard to the fact that the plaintiff offered no evidence?Whether the appellant proved his counter claim in this suit.?
RATIONES DECIDENDI
COUNTER CLAIM
– When an allegation in the counter claim would be regarded as admission.
“If the plaintiff fails to file a defence to properly traverse the material averment in the counter claim, then there will be no issues joined between the parties on the subject matter of the counter claim, and the allegation contained in the counter claim will be regarded as admitted.” OLUKAYODE ARIWOLA JSC
GROUND OF APPEAL
– Ground of appeal from which no issue is formulated.
“It is trite law that any ground of appeal from which no issue is formulated for determination by the appellant is deemed abandoned and shall no longer be relevant in the determination of the appeal in question. It is liable to be struck out.“ OLUKAYODE ARIWOLA JSC
CASES CITED
Nigerian Housing Development Society Limited Vs. Yaya Mumuni (1972) 2 SC 57 at 58 – 86.Ogbonna Vs. AG Imo State (1992) 1 NWLR( pt 647) at 698.Tukur Vs. Government of Taraba State (1997) 6 NWLR (Pt 510) 549.Emespo 3. Continental Limited Vs. Corona Shifah-Rtsauese Hschatt & Ors. (2006) 8 SCM 149 at 161; (2008) 3 NWLR (Pt 1075) 610 at 624.
STATUTES REFERRED TO
NONE