judy.legal
Login Register

ALI MAINA MOBAR v. IBRAHIM ALI

(2001) JELR 44257 (CA)

Court of Appeal  •  CA/J/12/99  •  2 Jul 2001  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR JCA; OLUDADE OLADAPO OBADINA JCA; ISA ABUBAKAR MANGAJI JCA;

Judgement

I. A. MANGAJI, J.C.A. (Delivering the Leading Judgment): On 15th June, 1998 Hon. Justice I. S. Bdliya delivered a judgment in Suit No. M/92/97 wherein he dismissed the claim filed by the appellant as plaintiff against the respondent. His reason for so dismissing the claim was that the appellant totally failed to prove his case as no evidence was adduced during the trial establishing the averments contained in the pleading. The appellant was aggrieved by the decision.

He accordingly filed a notice of appeal containing two grounds dated 26/6/98.

In due compliance with the rules of this court, parties by their counsel, filed and exchanged briefs of argument. In the appellant's brief of argument, two issues were identified as arising for determination from the two grounds of appeal.

The issues are couched thus:-

"(1) Whether the trial court is legally right to have dismissed the plaintiff's claim inspite of the admitted facts in paragraph 6 of the appellant's statement of claim and paragr…

There's more. Sign in to continue reading

JUDY is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login