Alhaji Nura Ahmadi Kurfi V. Hajia Binta Aminu (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A. (Delivering the Leading Judgment)

The Respondent, as Plaintiff before the lower Court, was granted leave to place the suit under the Undefended List. The Appellant, Defendant therein, filed an affidavit in opposition, in support of his Notice of Intention to Defend, to which the Respondent filed a Counter Affidavit and the Appellant a Further and Better Affidavit.

The lower Court, in a Judgment delivered on 12th December 2014 by Hon. Justice Sanusi Tukur of the Katsina State High Court, refused leave to the Appellant to defend the suit and entered Judgment in terms of the Respondent’s Writ of Summons. Aggrieved by this decision, the Appellant has appealed to this Court. Two Notices of Appeal were filed, one on 12th November 2014 and another on 15th December 2014.

In compliance with the Rules of Court, the Appellant filed, on 11th December 2015, a Brief of Arguments, settled by Israel Usman Esq and C.U. Kalu Esq of C.U. Kalu & Co. The Appellant’s Counsel, in his Brief, withdrew the first Notice of Appeal filed, placing reliance on the second Notice.

Four issues were distilled by Appellant’s Counsel

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for the Court’s determination, namely:

(a) Whether or not the learned trial judge was right in assuming jurisdiction when the cause of action did not arise in Katsina State and the Defendant/Appellant is not resident in Katsina State. (Ground 6)

(b) Whether or not the learned trial judge could rightly enter judgment on the Undefended List instead of transferring the matter to the General Cause List. (Ground 1,2,3,7 and 8.)

(c) Whether or not the claims awarded to the Defendant/Respondent are multiple compensation on a matter arising from a contract. (Ground 4)

(d) Whether or not the learned trial judge was right to treat an agreement for investment and profit sharing in the same manner as a loan needs to be repaid. (Ground 5)

The Respondent’s Counsel, A.S. Yarima of Baban Zahrah & Associates, formulated two issues for determination, to wit:

1. Whether or not the learned Trial judge was right in Law when he assumed Jurisdiction over the Plaintiff’s Claim and;
2. Whether or not the learned Trial Judge was right in Law when he placed this Matter under Undefended List and entered judgment in favour of the

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Plaintiff/Respondent.