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AHMED DEBS v. ALBERTO JOSE MISSRI

(1960) JELR 91527 (SC)

Supreme Court  •  F.S.C. 234/1959  •  31 May 1960  •  Nigeria

Coram
MYLES JOHN ABBOTT, AG. C.J.F. (Presided and read the Judgment of the Court). LIONEL BRETT, F.J. PERCIVAL CYRIL HUBBARD, AG. F.J.

Judgement

ABBOTT, AG. C.J.F. (Delivering the Judgment of the Court):

This is an appeal from the judgment of Kaine, J., sitting in the High Court of Lagos. The claim of the plaintiff/respondent was for monies due under five promis­sory notes given by the defendant, which were dishonoured by non-payment on presentation and formally protested against him. The learned trial Judge gave judgment for the respondent for a sum representing the total of four of the five promissory notes, one note having been by then paid by the appel­lant.

The most important point to be decided in connection with this appeal is, in my view, whether or not a partnership between the respondent and the appellant existed at the material time, as alleged by the latter. The learned trial Judge made a specific finding on this subject, in the following words:

“I am not however satisfied from the evidence before me and from the exhibits tendered that there was any partnership bet­ween the parties. Much has been said about the letter…

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