The United Africa Company Limited V. Sara Owoade (1954)

LawGlobal Hub Judgment Report – West African Court of Appeal

Pleadings—Allegation alternative claims not pleaded—Both claims arising out
of same facts—Pleadings sufficient–Order 22, rile 8, Civil Procedure Rules
considered—Order for appellant to enter into good and sufficient securi0 for certain sum satisfied by deposit into Court of that sum.

Facts

This appeal turned on the construction to be placed on pleadings which are fully set•out in the judgment of the Board. The point at issue was to what extent it is necessary for a plaintiff who relies on two causes of action arising out of the same facts to plead each cause of action-separately and distinctly.

A subsidiary point was whether the West African Court of Appeal was correct in refusing leave to appeal to the Privy Council on the grounds that an Order to enter into a good and sufficient security in a sum stated was not satisfied by deposit of that sum into Court.

Held

The pleadings were sufficient. Order 22, rule 8 of the Civil Procedure Rules which requires a plaintiff with several distinct claims to state each separately and distinctly was not applicable in this case, because both causes of action were grounded on the same facts.

Held further, that an order to enter into good and sufficient security for a sum stated was satisfied by payment into Court of that sum.

Appeal allowed.