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ALHAJI SHEHU MAISHANU v. ASSET MANAGEMENT CORPORATION OF NIGERIA

(2018) JELR 35458 (CA)

Court of Appeal  •  CA/S/55/2017  •  2 Feb 2018  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA; MUHAMMED LAWAL SHUAIBU JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Federal High Court sitting at Gusau, Zamfara State delivered on 22/3/2016 entering judgment for the plaintiff and declining to transfer the suit to the general cause list. At page 409 of the record of appeal, learned trial judge held as follows:

I have reflected on all these issues and questions which I have raised vis-??-vis the depositions in the Affidavit of the defendant with the huge documentary exhibit produced, I am not satisfied, in the exercise of my judicial discretion and based on the above findings, this Honourable Court deems that the defendants Affidavit disclosing defence on merit have failed to lay sufficient grounds for this Honourable Court to transfer the suit to the general cause list to be determined on its merit. Consequently I hereby enter judgment against the defendant as per the Writ of Summons of the plaintiff.

Miffed by the above, appellant appealed to …

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