 |
 |
 |
The Commercial Case Law Index is a collection of judgments from African countries on topics relating to commercial legal practice. The collection aims to provide a snapshot of commercial legal practice in a country, rather than present solely traditionally "reportable" cases. The index currently covers 400 judgments from Uganda, Tanzania, Nigeria, Ghana and South Africa.
Get started on finding judgments that are relevant to you by browsing the topic list on the left of the screen. Click the arrows next to the topic names to reveal a detailed list of sub-topics. Most judgments are accompanied by a short summary written by subject-matter expert postgraduate students from the University of Cape Town.
Allcomp Computers Ltd v Union Bank of Nigeria PLC (CA/L/08/2012)[2016] NGCA 97 (12 July 2016) (CA/L/08/2012) [2016] NGCA 97 (11 July 2016); 
CL Index Share Trading Facility Shares Company Law Have his cause heard (fair trial) Substantive rights Human Rights Summary Judgment Civil Remedies Sham Defence Civil DefencesThis is an appeal against a High Court decision granting a summary judgement. The dispute emanated from share trading facility offered to the appellant company by the respondent bank. However, the appellant failed to pay for the shares when payment fell due, prompting the respondent to approach the court where a summary judgement was awarded in favor of the respondent.
The appellant appealed the decision on the ground that it was not given a fair hearing. It pointed out that the determination through summary judgement ignored issues of merit. The appellant argued that sufficient issues had been raised to warrant a full trial of the case, and that it had a bona fide defense.
The respondent opposed the appeal on the basis that the summary judgement was employed to prevent a sham defense, and that an objection to summary judgement must address a specific claim not a general sweeping denial of the claim.
The court held that the case hinges on whether the appellant’s defense constitutes a triable issue. It found that the appellant failed to raise triable issues. It held that the trial court was correct in finding that the appellant defense was a sham. It ruled that the appellant was indebted to the respondent. The appeal was thus dismissed.