ZEE AGRO LIVESTOCK PRODUCT LTD V. SPRINGFIELD AGRO LTD

JAMILU YAMMAMA TUKUR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Taraba State in SUIT NO: TRSW/10/2020 delivered on 22nd May, 2020 by Honourable Justice J.D Yakubu, wherein the Court ruled in favour of the Respondent. 

The material facts of the case leading to this appeal is that the Respondent acting on the belief that the Appellant was indebted to it instituted an action before the lower Court via a writ of summons dated 23rd March, 2020 and filed same date, along with other requisite processes. Desirous of obtaining summary judgment, the Respondent accompanied its originating processes with an application via Motion on Notice pursuant to Order 22, Rules 1, 2, 3, 4 of the lower Court`s rules, dated and filed on 23rd March, 2020, supported by a 15 paragraph affidavit deposed to by Titilayo Joy Ada, seeking the following: 

1. An Order of this Hon. Court for summary judgment in Suit No. TRSW/10/2020. 

2. A Declaration by the Hon. …