Stephen Kaura & Ors. V. United Bank For Africa PLC. (2017) LLJR-CA - LawGlobal Hub
Stephen Kaura & Ors. V. United Bank For Africa PLC. (2017) LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL I. T. MUHAMMAD, J. C. A. (Delivering the Leading Judgment) In a writ of summons issued by the High Court of Justice of the Federal Capital Territory, Abuja (the court below) the appellants as plaintiffs endorsed some claims against […]
Stephen Kaura & Ors. V. United Bank For Africa PLC. (2017)LawGlobal-Hub Lead Judgment Report – COURT OF APPEALI. T. MUHAMMAD, J. C. A. (Delivering the Leading Judgment)In a writ of summons issued by the High Court of Justice of the Federal Capital Territory, Abuja (the court below) the appellants as plaintiffs endorsed some claims against the respondent as defendant. In a more elaborate form, paragraph 9 of the plaintiffs’ statement of claim contains the claims as follows:“Whereof the plaintiffs claims (sic) jointly and severally from the defendant-(a) A declaration that the exercise carried out by the defendant on 23rd May, 1997, was retrenchment of the plaintiffs and that the defendant is in breach of its agreement guiding the grant of such loans to the plaintiffs and are not entitle (sic) to deduct any indebtedness if any from the plaintiffs entitlements with the defendant. (b) An order of court directing the defendant to pay to the plaintiffs all their entitlements and or benefits totalling the sum of N8,990,699. 64k. ”In its statement of defence, the defendant denied each and every material allegation made by the plaintiffs. The case proceeded to trial on 13/7/2000. After taking evidence and addresses by the parties, the learned trial Judge delivered his judgment on 21/3/02 in which he non-suited the case. Dissatisfied, the plaintiffs appealed to this court on 8 grounds of appeal. In this court, parties filed and exchanged their respective briefs of argument. In his brief, learned counsel for the appellants formulated the following issues for determination:“(a) Whether in view of the facts of the case, the learned trial Judge identified the issues in dispute between the parties and make specific findings on them? (Ground 1). (b) Whether the learned trial Judge properly evaluated the evidence pleaded and testified? (Grounds 2 and 3). (c) Whether the lower court can in law depart from the contract of the parties? (Ground 4). (d) Whether in view of the claim of the appellants at the lower court, the case/claim of the appellants can be defeated by joinder or misjoinder of parties? (Grounds 5 and 6). (e) Whether the case of the appellants at the lower court was fit for non-suit or the appellants entitled to judgment of the sum of N8,990,699. 64? (Grounds 7 and 8). Learned counsel for the respondent formulated the following issues“1. Whether the plaintiffs have made out a case on the pleadings and evidence adduced at the trial?. This would encompass the first 3 issues in the appellants’ formulation.