SALIHU ABUBAKAR & ANOR v. MOHAMMED BWADE & ANOR
(2014)LCN/7214(CA)
In The Court of Appeal of Nigeria
On Wednesday, the 21st day of May, 2014
CA/YL/02/2014
JUSTICES:
JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria
JUMMAI HANNATU SANKEY Justice of The Court of Appeal of Nigeria
ADAMU JAURO Justice of The Court of Appeal of Nigeria
Between
1. SALIHU ABUBAKAR
2. AMALGAMATED COMMERCIAL MOTOR CYCLE OWNERS AND RIDERS ASSOCIATION ACCOMORAN, ADAMAWA STATE. – Appellant(s)
AND
1. MOHAMMED BWADE
(CHAIRMAN RATTAWU)
2. RADIO AND TELEVISION THEATRE AND ARTS WORKERS UNION ADAMAWA STATE – Respondent(s)
JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Adamawa State High Court, Yola Judicial Division in SUIT NO:-ADSY/83M/2012 – MOHAMMED BWADE (CHAIRMAN RATTAWU) & 1 OTHER VS SALIHU ABUBAKAR & 1 OTHER, delivered on the 11th day of July, 2013 wherein Judgment was entered against the Appellant in the sum of N3,165,000.00 (Three Million, One Hundred and Sixty-Five Thousand Naira Only) being money outstanding in favour of the Respondents as balance from motorcycle loan granted to the Appellants by the Respondents. 10% post Judgment interest was awarded to the Respondents until the Judgment sum is finally liquidated.
The Appellants who were dissatisfied with the Judgment of the lower court therefore appealed to this court.
The learned Counsel for the Appellants formulated a sole issue for the determination of the appeal. The sole issue is set out as follows:-
“Whether from the totality of affidavit evidence before the court, the learned trial Judge was right when he failed to transfer this suit to the general cause list”.
At the hearing, the learned Counsel for the Appellant referred to the Appellant’s brief of argument filed on 8/1/2014. He adopted the said brief as his argument in this appeal. He urged that the appeal be allowed.
The learned Counsel for the Respondent confirmed before the court that the Appellant’s brief of argument was served on the Respondents and that the Respondents concedes the appeal. He urged that the appeal be allowed.
Consequent upon the foregoing, this appeal is allowed.
An order setting aside the judgment of the trial court in SUIT NO:- ADSY/83M/2012 – MOHAMMED BWADE – CHAIRMAN RATTAWU & 1 OTHER VS. SALIHU ABUBAKAR & 1 OTHERS, delivered on the 11th day of July, 2013 is hereby made.
The said suit is hereby transferred from the undefended list to the general cause list of the High Court of Justice, Yola Judicial Division, Adamawa State.
There shall be no order as to costs.
JUMMAI HANNATU SANKEY, J.C.A.: I had the advantage of reading in draft the judgment just delivered by my Lord, Bada, JCA.
Both the Appellants and the Respondents are on the same page that the Appeal be allowed, the Respondent having indicated his unwillingness to contest the Appeal.
Accordingly, the Appeal is allowed. I endorse the consequential orders contained in the lead judgment, inclusive of the order as to costs.
ADAMU JAURO, J.C.A.: I have had a preview of the lead judgment just delivered by my learned brother, JIMI OLUKAYODE BADA, JCA. I am in full agreement with the judgment and adopt same as mine.
The respondent having conceded to the appeal, same is hereby allowed. I abide by all consequential Orders made.
Appearances
Mr. S. E. Kiledu For Appellant
AND
Mr. J. H. Shabo For Respondent
