Mrs Uche Uba V. Edmack Nig Ltd (2007)

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AMIRU SANUSI, J.C.A.

 At the High Court of justice, Kano State (“the lower court” for short), the respondent therein as plaintiff, commenced an action against one Samuel Uba as defendant, who died during the pungency of this appeal and was subsequently substituted by his wife Mrs. Uche Uba who now becomes the present appellant.

The reliefs claimed are stated hereinafter. They include as follows:-

“WHEREOF THE PLAINTIFF’S claims against the defendant is as follows;

1. The sum of N6,985,000 being the outstanding balance from the cost of Jincheng motor cycles purchased by the defendant from the plaintiff.

2. 10%of court rate (sic) from date of judgment until the whole judgment is liquidated.

3. Cost of the action.

The lower court after hearing the suit filed under the undefended List Procedure, found in favour of the plaintiff/respondent, when in its considered judgment delivered on 16th day of March, 2004 it held as follows:-

“The application to transfer the claim to General cause is refused. Judgment is entered for the plaintiff in the sum of N6,985,000.00 plus 10% court interest from today until the judgment sum is completely liquidated.”

Dissatisfied with the judgment of the lower court, late Mr. Samuel Uba the defendant, appealed to this court against the decision of the lower court. He timeously filed Notice of Appeal dated 16th March 2004 containing six grounds of appeal. He also with leave of this court granted on 23/3/2005 filed Additional grounds of appeal dated 20th December 2004 containing five additional grounds of appeal.

However, in view of a preliminary objection raised challenging the competence of the Notice of appeal and the grounds of appeal in both the original notice of appeal and the Additional grounds of appeal, I deem it apt to copiously reproduce below both the original Notice of appeal and the Additional grounds of Appeal as contained in the printed record for ease of reference.

ORIGINAL NOTICE OF APPEAL

TAKE NOTICE THAT: The appellant here being dissatisfied with the judgment of Hon. Justice Saka Yusuf, of Kano State High court 2 delivered on the 16th day March 2004 do hereby appeal to the court of Appeal Kaduna on grounds set out in paragraphs 3 of the NOTICE OF APPEAL, seek relief set out in paragraph 4 while address of persons to be affected is set out in paragraph 5.

1. PART OF THE DECISION COMPLAINED OF