Judgment
IBRAHIM MOHAMMED MUSA SAULAWA, J.S.C. (Delivering the Leading Judgment): The present appeal is against the judgment of the Court of Appeal, Kaduna Judicial Division delivered on April 19th, 2013. By the said decision, the Court below dismissed the Appellant’s appeal (CA/K/379/2004) for lacking in merits.
BACKGROUND FACTS The suit was commenced by the Respondent vide a writ of summons under the defendant List Procedure on June 28th, 2004. By the suit in question, the Respondent claimed against the Appellants jointly and severally the following reliefs: 1.
The sum of N11,408,431.00k (Eleven Million Four Hundred and Eight Thousand Four Hundred and Thirty-One Naira) being the balance of the purchase price of cotton lint supplied to the Defendants by the Plaintiff by virtue of an oral contract agreement entered into by the parties sometime in early 2001. 2. 21% interest thereon from 30th October 2001 till judgment and thereafter 10% interest until liquidation of the said sum. 3. Costs of this action.
The Appellants vehemently denied the claim and filed a Notice of Intention to defend the action. The Appellants equally challenged the competence of the action on the ground that some of the originating processes were not endorsed by the commissioner for Oaths in regard to the affidavits.
The trial Court discountenanced the Appellants’ objection and the Notice of Intention to Defend the action. Accordingly, the trial Court proceeded to enter judgment in the Respondent’s favour as per the claim thereof.
Dissatisfied with the said judgment, the Appellants appealed to the Court below, which dutifully heard the appeal and delivered judgment to the conclusive effect: In the instant appeal, the appellants having issued a cheque in favour of the respondent to be paid the sum of N11,408,431.00 by Union Bank which was eventually not honoured by the said bank, are deemed in law to have acknowledged being indebted to the Respondent to the tune of N11,408,431.00 and I so hold. In conclusion therefore, this appeal is hereby dismissed for lack of merit.
On March 7th, when this appeal came up for hearing, the learned counsel addressed the Court and adopted the argument contained in their respective briefs. Thus, warranting this Court to reserve judgment in the appeal to today.
