PROCEDURAL STEPS ON ASSESSMENT AND VERIFICATION IN FILING COURT PROCESSES IN THE FCT
HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA. PROCEDURAL STEPS
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TITLE |
MAIN ISSUES |
| A J BEKHOR AND CO LTD V. BILTON (CA |
DEBTOR AND CREDITOR LAW:- Recovery of pecuniary claims – Use of Mareva Injunction to prevent dissipation of assets or defendants absconding |
| DEBTOR AND CREDITOR:- Banker – Recovery of loan arising from overdraft – Where based on transactions and interest connected to bills of exchange or letter of credit – Duties of bankers as distinct from courtesies extended to customer – Distinction between bills of exchange and letters of credit under section 2 and 3 of the Bills of Exchange Act, Cap 21, LFN 1858 – Distinction between dishonor of bills and underpayment of bill – Legal implications | |
| A.C.B. LTD. v. OBA |
DEBTOR AND CREDITOR – BANK LOAN:- Recovery of bank loan made by way of overdraft – Relevant and admissible evidence in proof thereof – Competent party to proceed against where debtors trading under a registered business name |
| DEBTOR AND CREDITOR LAW:- Recovery of debt – Use of military personnel or privileges to harass or intimidate debtor – Attitude of courts thereto | |
| ADEPATE V. BABATUNDE AND ANOR. |
DEBTOR AND CREDITOR LAW – AUCTION:– Requirement of seven days notice before sale by auction under section 19 of Auctioneers Law – Whether can be waived by parties in their contract. |
| DEBTOR AND CREDITOR – INSOLVENCY:- Application to wind-up a company due to inability of company to pay its debts – Necessity for the debt to be proved – Effect of failure thereto – Where debt is bona fide being disputed and the matter is pending a court of law – Legal effect | |
| AFRICAN INTERNATIONAL BANK LTD. V. LEE AND TEE INDUSTRIES LTD. |
DEBTOR AND CREDITOR:– Loan secured by way of Mortgagee – Power of sale – Exercise of – Whether can be affected by dispute on amount owed or pending redemption action DEBTOR AND CREDITOR – MORTGAGE:- Mortgage debt – Fixing date for repayment of – Effect of – Whether indicates parties’ intention that payment be made on named date |
| DEBTOR AND CREDITOR:- Recovery of contract sum secured by way of check – When creditor may proceed against bank for undue delay in clearance of check – Proper cause of action – Sums recoverable | |
| AKANDE V. GEN. ELECT. CO. AND OTHERS |
DEBTOR AND CREDITOR:- Recovery of commissions due on an International Sales Representation Agreement plus interest – Litigation arising therefrom – Service of writs and entering of appearance of parties connected therewith |
| DEBTOR AND CREDITOR:- Recovery of Debt – Liquidated sum for goods sold and delivered – Interest -Jurisdiction to include interest in default judgment | |
| ALFA KAMORU SALAWU V. MRS. Z. S. ADEBANKE & ANOR |
DEBTOR AND CREDITOR LAW:- Supreme Court decision in the case of Leedo Presidential Motel Ltd V. Bank of The North – List of what a Judgment creditor must prove to entitle him to dispose off the immovable property of the Judgment debtor – Section 44 of the Sheriff and Civil Process Law – Need to show by evidence what steps if any have already been taken to enforce the Judgment and with what effect – Need to show what sum remains under the Judgment – Need to show that there is no movable property of the judgment debtor or one sufficient enough to satisfy the judgment debt can be found – Whether it is fair and just that the judgment debtor be put on notice – Whether court should consider the civil rights and obligation of the Judgment debtor |
| DEBTOR AND CREDITOR:- Banking practices – Floating Debenture executed between the debtor and bank registered in Lands Registry – Whether can be unilaterally altered from the status of loan to overdraft thus attracting higher interest – Computation of interest on granted facilities alleged to be arbitrary and without any legal basis – How treated | |
| ALL PROGRESSIVES CONGRESS V. PEOPLES DEMOCRATIC PARTY & ORS (2) |
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DEBTOR AND CREDITOR LAW: – Sheriff’s Interpleader Summons – Attachment of immovable property of judgment debtor by leave of the High Court towards the full satisfaction of judgment debt – Where execution on property is contested by third part asserting encumbrances by way of mortgages over the property DEBTOR AND CREDITOR LAW – MONEY LENDER:- Enforcement of security by way of undischarged mortgage for unpaid loan – Time within which to commence action – S.30, Money Lenders Act, 1958 – Need to comply with same – Effect of failure thereto DEBTOR AND CREDITOR LAW: – Judgment Debtor – Existence of multiple creditors – Priority of claims – Relevant considerations – Effect of limitation laws thereof |
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| DEBTOR AND CREDITOR – LOAN – RECEIVER/MANAGER:- Friendly loan given towards repair of vehicle – Where creditor made Manager of vehicle – Duty of account – Implication | |
| AMALGAMATED INVESTMENT AND PROPERTY CO LTD (IN LIQUIDAZION) V. TEXAS COMMERCE INTERNATIONAL BANK LTD |
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| DEBTOR AND CREDITOR:- Mortgage contracts secured by way of land – Sale of equitable interest by mortgagor to discharge mortgage – Double sale – Claim for specific performance by first purchaser on ground of priority – Effect | |
| B.O. MORRIS LTD V. PERROTT AND BOLTON |
DEBTOR AND CREDITOR:- Recovery of payment for value not delivered – Dishonoured Check – Claim amounting to double satisfaction – Attitude of court thereto |
| DEBTOR AND CREDITOR:- Loan/pledge secured by way of right to portion of inheritance – Right of pledgee over said property – Where pledge redeemed by payment of loan – Liability of pledgee where property had been interfered without authority of pledgor | |
| BARCLAYS BANK D.C.O. V. MEMUNATU HASSAN |
DEBTOR AND CREDITOR:- Bank – Recovery of loan extended by way of overdraft on deposit account secured by way of legal mortgage – Where debtor is illiterate – When memorandum of deposit would be deemed unenforceable |
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BARCLAYS BANK LTD V. W J SIMMS SON AND COOKE (SOUTHERN) LTD AND ANOTHER |
DEBTOR AND CREDITOR LAW:- Bank Customer – Recovery of sum on a countermanded check which was paid by bank due to oversight – Relevant considerations – How treated |
| BARRATT V. GOUGH-THOMAS |
DEBTOR AND CREDITOR – MORTGAGE:- Redemption proceedings – Right of solicitor to exercise a right of lien over mortgage deeds in satisfaction of fees – What needs to be shown |
| DEBTOR AND CREDITOR:- Recovery of money owed by foreign corporate entity – Need to consider the incorporation statute of home country in determining liability – Liability of individual agent connected therewith – Legal basis | |
| BFI GROUP CORPORATION V. BUREAU OF PUBLIC ENTERPRISES |
DEBTOR AND CREDITOR – BOND:- Definition as a certificate or evidence of debt on which the issuing company promises to pay the bond holders a specified amount of interest for a specified length of time and to repay the loan on the expiration date – Obligor and Obligee – Distinction vis a vis the the instrument of bond called an obligation |
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DEBTOR AND CREDITOR LAW:- Proceedings for recovery against a registered trade union – Status as voluntary association of individuals capable of suing and being sued in its registered name and of holding property, through trustees – Whether a creditor holding a decree against the trade union could levy execution against the union directly or its trustees – Whether a judgment creditor can look only to the funds of such a trade union to satisfy his debt, and to the extent to which the funds may be augmented from time to time by contributions of members, whether new or old |
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C. BEN WARRI V. G. S. ONWUCHEKWA |
DEBTOR AND CREDITOR:- Promissory Note – Pledge of house property in same document –Whether document Promissory Note or Mortgage – How treated |
| C.G.G V OGU |
DEBTOR AND CREDITOR LAW: – Recovery of debt – Use of military personnel or privileges to harass or intimidate debtor – Attitude of courts thereto |
| DEBTOR AND CREDITOR:- Clam for recovery arising out of unpaid contractual sum – Use of undefended list – When defence thereto will warrant transfer of matter to general cause list | |
| CAPITAL FINANCE CO. LTD. V. STOKES AND ANOTHER II |
DEBTOR AND CREDITOR– LIEN:- Vendor and Purchaser – Lien of vendor – When arises – Effect on lien if property charged to vendor – Lien for part of unpaid purchase money at date of contract – Whether impliedly abandoned on completion – If charge subsequently avoided, vendor not entitled to lien. |
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CHIEF DR. OLUSOLA SARAKI V. ALSTHOM S.A. AND SOCIETE GENERAL BANK OF NIGERIA |
DEBTOR AND CREDITOR LAW: Recovery of loan – Nigerian bank as guarantor of loan obtained by a primary debtor from a foreign lender – Recovery of loan from Nigerian bank – Failure of debtor to settle Nigerian Bank – Claim to recover – Whether foreign bank is a proper party to such proceedings – How treated |
| CHIEF JOSEPH AKINBINU AKINNAWO V. CHIEF LISADOKO JOHN OROTUSIN |
DEBTOR AND CREDITOR:- Judgment debtor – Application for grant of stay of execution of judgment – Duty of court in granting a judgment debtor the relief of stay of execution to maintain a balance between the need to have the successful party enjoy the fruit of his victory and at the same time to ensure that the unsuccessful party who had appealed would not be incapacitated as not to pursue his legitimate constitutionally guaranteed right to appeal against the judgment – Need to consider if there were any special or exceptional circumstance that would warrant the order for stay of execution to be made |
| DAVID KUMBUL V. DAVID UMEH |
DEBTOR AND CREDITOR:- Initial loan evidenced by a written agreement, subsequently reviewed and annexed to other loan transactions – Recovery of through instalmental payments – Dispute arising therefrom – How treated |
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DIAMANTIDI V. GROSVENOR SECURITIES LIMITED AND THE GUILDHALL TRUST LIMITED |
DEBTOR AND CREDITOR LAW:- Recovery of money due and payable under an agreement backed by a surety – Solvency of company – Meaning – How treated |
| DOHERTY V. OGBARA |
DEBTOR AND CREDITOR LAW:- Recovery of debt from husband-wife business enterprise goods merchandizing business – Nature of documents required to prove case – Need to prove case on the balance of probability |
| DEBTOR AND CREDITOR – JUDGMENT DEBTOR – STAY OF EXECUTION:- Guiding principles – Relevant considerations | |
| EKAETE V. UNION BANK OF NIGERIA PLC |
DEBTOR AND CREDITOR:- Recovery of Bank loan – Applicable procedure – Relevant considerations |
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JUDGMENTS BY AREAS OF PRACTICE
HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA. PROCEDURAL STEPS
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