WITT & BUSCH LIMITED V DALE POWER SYSTEMS PLC
June 3, 2025AFRICAN REINSURANCE CORPORATION VS D.P. CONSTRUCTION NIG. LTD
June 3, 2025Legalpedia Citation: (2007) Legalpedia (SC) 81118
In the Supreme Court of Nigeria
Fri May 11, 2007
Suit Number: SC. 102/2002
CORAM
PARTIES
1. UNITED BANK FOR AFRICA PLC
2. ALHAJI IBRAHIM EL-RUFAI.
APPELLANTS
ALHAJI BABANGIDA JARGABA
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiff/Respondent was promised truckloads of fertilizers by the Defendant/Appellant and paid money for same but was directed elsewhere to get the fertilizers and he wasn’t given the total truckloads of fertilizers he paid for. He demanded for his outstanding balance but was not paid the full sum.
HELD
The Court held that the appellant’s affidavit in support of the Notice of Intention to defend did not disclose a defence on the merit. Appeal dismissed.
ISSUES
1. Whether the court below was right in holding that the appellants affidavit did not disclose a defence on the merit.2. Whether there was admission of the respondent’s case.
RATIONES DECIDENDI
WHAT IS A SUMMARRY JUDGEMENT AND WHEN WILL IT AVAIL A PLAINTIFF?
“A summary judgment is a procedure for disposing with dispatch, cases which are virtually uncontested. It also applies to cases where there can be no reasonable doubt that a plaintiff is entitled to judgment and where it is inexpedient to allow a defendant to defend for mere purpose of delay. It is for the plain and straight forward, not for the devious and crafty.” – Per Muhammad, JSC
CASES CITED
1. Sodipo v. Leminkaimen (1986) 1 N.W.L.R. (pt.15) 2202. Diamond Bank Nigeria Limited v. GSM Agro Allied Ind. Ltd (1999) 8 NWLR (Pt. 616) 558.3. Agro Millers Limited v. Continental Merchant Bank (Nigeria) Plc. (1997) 10 NWLR (Pt. 525) 469.4. Onobruchere & Anor. v. Esegine (1986) 2 SC 385 at p. 397
STATUTES REFERRED TO
