CaseLaw
Pwol V. Union Bank Plc (1999) CLR 1(C) (CA)
Brief
Facts
The respondent as plaintiff filed an action at the High Court. Jos under the undefended list procedure against three defendants of whom the appellant was the 2nd defendant, claiming the sum of N134,072.08 being the principal loan granted to the defendants and interest thereon.
In the affidavit filed and support of its claim, the respondent acknowledged that the 1st defendant is a limited liability company and that the appellant is the managing director of the 1st defendant company. The respondent further deposed that the defendants through a letter written by the appellant as managing director requested for an overdraft which was not repaid.
The 1st defendant and the appellant (2nd defendant) did not file a notice of intention to defend the suit; but the 3rd defendant did.
The trial court in its ruling, transferred the suit against the 3rd defendant to the general cause list for hearing on the merits and gave judgment against the 1st defendant and the appellant as claimed by the respondent.
The appellant was dissatisfied and appealed to the Court of Appeal where he contended that he ought not have been joined in the suit, and judgment ought not to have been given against him because he acted as an agent and managing director of the 1st defendant, a limited liability company which was a disclosed principal.
Issues
Whether the appellant who contracted with the respondent as the agent or...