Alhaji Auwalu Darma Vs. Eco Bank Nigeria Limited (2017)

LAWGLOBAL HUB Lead Judgment Report

AMIRU SANUSI, J.S.C.

This appeal is against the judgment of the Court of Appeal, Kaduna division delivered on 15th July 2004 which dismissed the appeal filed before it by the appellant against the decision of High Court of Justice of Kano State delivered on 9th June 2001 which entered Judgment against the respondent under the Undefended list Procedure on the sum of one million, three hundred and ninety five thousand, five hundred and seventy nine Naira eighty one kobo (N1,395,579;81k)

The present respondent as plaintiff sued the appellant under the undefended list procedure at the High Court of Kano State (the trial Court) claiming the above mentioned sum being outstanding balance (as at the 30th of April 1999) of an overdraft facility approved in favour of the appellant by the respondent bank. Upon being served with the Court process, the plaintiff/appellant filed notice of intention to contest the claim by filling a seven paragraph affidavit. At the commencement of the trial the appellant admitted liability to the tune of three hundred thousand Naira N300,000) only and the trial Court

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thereupon entered judgment against the appellant on the sum admitted by the plaintiff/appellant and it thereafter transferred the suit to the general cause list with regard to the outstanding balance and adjourned the matter for hearing and ordered Parties to file their respective pleadings.

Subsequently, the trial High Court granted several adjournments due to the absence of the defendant, now appellant the case then adjourned to 19th June 2001 and on that day the appellant was not in Court or represented by a counsel hence the respondent upon proof that hearing notice was served on him appealed to the trial Court to enter judgment in its favour in respect of the amount outstanding against him (the appellant) and the trial Court obliged and entered Judgment on the outstanding sum of N1,398,589:81k against the plaintiff/appellant with 10% interest from the date of Judgment until full liquidation of the Judgment sum.

Aggrieved by the decision of the trial High Court, the defendant (now appellant)

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appealed to the Court of Appeal Kaduna division (the Court below) which dismissed his appeal. The appellant still dissatisfied with the Judgment of the Court below, has now appealed to this Court vide notice of appeal dated 24th of August 2004.

Briefs of argument were filed and exchanged by Parties and later amended by them with leave of this Court to reflect the new name of the respondent, that is to say from Oceanic Bank International Nigeria which was its former name, to its present name i.e Eco Bank Nigeria Limited. In its amended Appellant’s brief of argument settled by one Adam Abubakar Esq the appellant proposed two issues for the determination of this appeal as set out below.

1. Whether the learned Justices of the Court of Appeal did properly and Judiciously stated (sic) the law on the facts when they held that Section 294 of the Constitution of the Federal Republic of Nigeria 1999, Order 37 Rules 11, 12 and 13 of the Kano State High Court (Civil Procedure) Rules 1988 relied upon by the Appellant were irrelevant in arriving at a decision that a denial of fair hearing has been occasioned.
2. Whether the learned justices of the Court

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of Appeal did properly and judiciously treated, and considered (sic) all the issues raised by the appellant in this brief of argument on their judgment.

On its Part, the respondent in its amended Brief of argument also raised two issues for determination which read as below:-

(a) whether the learned Justices of the lower Court properly held that Section 294(1) of the 1999 Constitution and Order 37 Rules 11, 12 and 13 of the Kano State High Court (civil Procedure) Rules 1988 relied on by the Appellant were irrelevant in arriving at its decision that the appellant was accorded a fair hearing by the trial Court before Judgment was entered against him on the 19th June 2001