Alhaji Isa Bayero V. Mainasara & Sons Limited (2006)

LawGlobal-Hub Lead Judgment Report

ARIWOOLA, J.C.A.

This is an appeal against the judgment, though headed ruling, of Hon. Justice Garba Abudullahi of the Kano State High Court, delivered on 30th July, 1999 in an action instituted by the respondent.

The fact of the case briefly goes thus:

The respondent herein as the plaintiff sued the appellant herein as defendant and claimed as follows:

“……..the sum of N1,816,000.000(one million eight hundred and sixteen thousand naira only) being the sum due and owing from the defendant to the plaintiff arising from posters, party agents ID. cards, receipt books, ballot sheet sample, letter headed and electoral receipt sheets printed and supplied by the plaintiff to the defendant”

The plaintiff had gone to the lower court with an application for leave to issue writ of summons and serve same on the defendant on the plaintiff’s claim under the “undefended list.” The application dated 13/05/99 was heard and leave was granted on 18/05/99 to enable the plaintiff issue writ of summons. The writ of summons dated 10th May, 1999 and already marked “undefended list” was issued by the Registrar of Kano State High Court on 13th day of May, 1999.

Sometime on 31/05/99 the defendant caused appearance to be entered on his behalf and on the same date a notice of intention to defend the action was filed, to which he attached an affidavit in support. The defendant also filed a notice of preliminary objection which was overruled by the court. Consequently, judgment was given in favour of the plaintiff. Being dissatisfied with the judgment, the defendant brought this appeal.

It is note worthy that the notice of appeal earlier filed in the registry of the lower court contained three grounds of appeal as follows:

Ground 1

“The lower court erred in law when it ruled that the case was not statute barred thereby over ruling the preliminary objection of the appellant.

Particulars of Error

(a) The case before the lower court per writ issued on the undefended list is for the sum of One Million Eight hundred and Sixteen thousand Naira (N1,816,000.000) being the sum of money for goods supplied by the respondent to the defunct United Nigeria Congress Party (U.N.C.P) for which the appellant in his capacity as Chairman of the Kano State Branch of the party undertook to see to its payment.

(b) It was shown that the party (U.N.C.P) was subsequently proscribed and by the provisions of section 5(1) & (6) (1) & (2) of Decree No. 15 of 1998 which provides for a Sole Administrator to take care of the assets and liabilities of the party.

(c) It was shown that the appellant acted and made the undertaking in Exhibit MA1 on behalf of the United Nigeria Congress Party.