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SMAB INTER-TRADE LIMITED v. BUKAR ALI BULANGU

(2013) JELR 35571 (CA)

Court of Appeal  •  CA/K/126/2011  •  7 Jun 2013  •  Nigeria

Coram
DALHATU ADAMU JCA; THERESA NGOLIKA ORJI-ABADUA JCA; ITA GEORGE MBABA JCA;

Judgement

ITA G. MBABA, JCA (Delivering the Leading Judgment): This is an appeal against the decision of the Kano State High Court in suit no K/339/2010, delivered by Hon. Justice Amina Adamu Aliyu on 5/1/2011.

The case at the Court below was heard on the Undefended List Procedure and at the end the Learned trial Court dismissed the claim. The Court held:

"From the Exhibit A1 (sic) the defendant is not a party to the contract, and apart from Exhibit A5 (sic) there is nothing to show that the defendant was part of the contract, Exhibit A5 (sic) could best be undertaking to repay the misappropriated sums which still does make the defendant liable to his employees and union members who entrusted him with the responsibility of collecting the payments. It has been held in the case of Alade v. Alic Nig Ltd. (2010) LPELR SC 169/2011 that a person who is not a party to a contract cannot be held liable. See also Chuba Ikpeazu v. ACB (1965) NMLR 374, where it was held that a contract cannot be enforced b…

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