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ALHAJI SHEHU MOHAMMED V. SOCIETE-GENERALE BANK LTD (2006)

case summary

Court of Appeal (Kaduna Division)

Before Their Lordships:

  • Baba Alkali Ba'aba JCA
  • Abubakar Abdulkadir Jega JCA
  • Stanley Shenko AlAgoa JCA

Parties:

Appellant:

  • Alhaji Shehu Mohammed

Respondents:

  • Societe-Generale Bank Ltd
  • Chytin Nigeria Ltd
Suit number: CA/K/290/2000

Background

In the case of Alhaji Shehu Mohammed v. Societe-Generale Bank Ltd, the appellant, Alhaji Shehu Mohammed, contested a judgment delivered on December 5, 2005, by the Kaduna State High Court. The case arose from a debt claimed by the 1st respondent, Societe-Generale Bank, against the appellant and two others under the undefended list procedure, seeking the repayment of N2,148,189.95.

Issues

The key issues presented before the Court of Appeal were:

  1. Whether the trial Judge acted fairly in hearing the suit without allowing the appellant a chance to engage new counsel.
  2. Whether the trial Judge correctly concluded that the defendants had failed to disclose any defence on the merit.
  3. Whether the trial court was justified in deciding the case under the undefended list, given the inability to link the appellant as a guarantor to the 2nd respondent.

Ratio Decidendi

The court held that:

  1. A party seeking to transfer a suit from the undefended list must disclose a defence on the merit as articulated in the rules.
  2. The presence of a triable issue does not necessitate the showing of a complete defence but must indicate a basis for proceeding to trial.
  3. The unavailability of oral submissions in undefended lists stands affirmed; thus, the absence of counsel's representation did not breach the appellant's right to fair hearing.

Court Findings

Upon reviewing the evidence and arguments, the Court of Appeal found:

  1. The trial Judge had acted within his authority without necessitating adjournment for the appellant to procure new counsel, as he was adequately notified of the proceedings.
  2. The appellant failed to present evidence establishing a plausible defence that would warrant transfer to the general cause list.
  3. Exhibits provided by the plaintiff linked the appellant to the loan as a guarantor, thereby supporting the trial court’s decision.

Conclusion

The Court of Appeal upheld the lower court's decision, affirming the findings of fact and law, thus dismissing the appeal as unmeritorious. The appeal was categorized as lacking substance because the appellant did not meet the evidential burden to substantiate his claims.

Significance

This case serves as a critical reference point for the procedural propriety of undefended list procedures in Nigeria's civil litigation framework. It illustrates that the failure to exhibit a substantive defence could result in unfavorable outcomes, emphasizing adherence to legal principles surrounding notice and representation in judicial proceedings.