International Trust Bank Plc v. Okoye 2020-LD-SC-1757

International Trust Bank Plc v. Okoye 2020-LD-SC-1757

Supreme Court 18TH DECEMBER 2020.
Justices: MARY UKAEGO PETER-ODILI, J.S.C. (Presided), OLUKAYODE ARIWOOLA, J.S.C.
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Read the Leading Judgment)
JOHN INYANG OKORO, J.S.C., CHIMA CENTUS NWEZE, J.S.C.
Subject Matter(s):
Nature and object of undefended List Procedure
Defence to be specific
Abuse of court process
A court of law has the jurisdiction to protect its own judgment from being ridiculed
The determination of whether ground of appeal is competent not dependent on elegance but on whether it contains a genuine complaint
A guarantor can be sued independently of the debtor
Proper Plaintiff in respect of a wrong to a company is the company and not the members except fraud
Only parties to a contract can sue or be sued and not a stranger, even if it is made for his benefit.
Final Order: Appeal Allowed.

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