Supreme Court 3rd May, 2010.
Justices: Aloysius Iyorgyer Katsina-Alu, JSC, Aloma Mariam Mukhtar, JSC
Walter Samuel Nkanu Onnoghen, JSC, Christopher Mitchell Chukwuma-Eneh, JSC
Muhammad Saifullahi Muntaka-Coomassie, JSC
Subject Matter(s):
Debtor Cannot Bring an Action Against Creditor that He is Owing a Certain Amount
Bank Staff Not Involved in Transaction Can Give Evidence
Third Party Who Agreed to Domicile Payment Cannot Be Sued By Bank
Contract by Guarantee
Distinct from Contract With Principal Debtor
Guarantor Only Bound to the Extent of the Agreement of Guarantee
A Guarantor Can Be Sued Independently of the Debtor
Role of Court to Maintain Level Playing Field and Counsel or Litigant Not to Hold Court to Ransom
Counsel who Opted Out of Trial Cannot Complain of Lack of Fair Hearing
Failure to Take Advantage of Opportunity to be Heard
Final Order: Appeal Dismissed