CASE TITLE: KASUWA v. ILIYA (2024) LPELR-62627(CA)
JUDGMENT DATE: 25 JUNE 2024
PRACTICE AREA: PRACTICE AND PROCEDURE
LEAD JUDGMENT: IBRAHIM ALI ANDENYANGTSO, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION:
This appeal borders on summary judgment.
FACTS:
This is an appeal against the judgment of the Plateau State High Court of Justice, Jos Division, Coram: Hon. Justice N. L. Musa, J., delivered on the 7th day of December, 2021.
The Claimant brought a Motion on Notice filed on July 5, 2021, pursuant to Order 13 Rule 1 of the Plateau State High Court (Civil Procedure) Rules, 2020, in which she sought the following prayers:
“An Order of Court entering summary judgment for the Claimant against the Defendant.
AND for further order(s) as the Court may deem fit to make in the circumstances.”
The motion was filed with the required accompanying documents including a Writ of Summons, Statement of Claim, a list of witnesses to be called at the trial, written statement on oath of the witnesses except witnesses on subpoena, a list and copies of documents to be relied upon at the trial and Pre-Action Protocol Form 1.
Upon being served with the Claimant’s processes, the Defendant filed a 12-paragraph counter-affidavit, accompanied by 6 annexures as Exhibits, a statement of defense, a witness statement on oath, a list of documents, and a list of witnesses to be called at the trial.
Issues having been joined, the matter proceeded to trial, at the end of which the trial Court gave judgment against the Defendant, granting the reliefs sought by the Claimant.
Dissatisfied with the judgment, the Defendant filed his Notice of Appeal with the Court of Appeal.
ISSUE(S) FOR DETERMINATION:
In the determination of this appeal, the Court adopted the following sole issue:
“Whether in the circumstances of this case, the learned trial Judge was not right to have entered judgment for the Respondent under the summary judgment procedure.”
DECISION/HELD:
In conclusion, the appeal was dismissed.
RATIOS:
- APPEAL- REPLY BRIEF: Purpose/function of a reply brief; when a reply brief will not be necessary
- COMMERCIAL LAW- DEBT: Instances when a debtor will be deemed to have impliedly admitted the quoted figures as the amount of debt due
- CONTRACT- ACTION FOR MONEY HAD AND RECEIVED: Whether a party is entitled to recover money had and received under an ineffective contract
- LEGAL PRACTITIONER- DUTY OF COUNSEL: Duty of Counsel as a minister in the temple of justice and an officer of the Court
- PRACTICE AND PROCEDURE- UNDEFENDED LIST PROCEDURE: Condition for a matter/suit on the undefended list to be transferred to the general cause list
- PRACTICE AND PROCEDURE- NOTICE OF INTENTION TO DEFEND: How Court should examine a defendant’s affidavit to ascertain a defence on the merit
- PRACTICE AND PROCEDURE- UNDEFENDED LIST PROCEDURE: Principles guiding undefended list procedure
- PRACTICE AND PROCEDURE- UNDEFENDED LIST PROCEDURE: What constitutes a triable issue for the purpose of undefended list procedure?
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