7UP BOTTLING COMPANY LTD.
V.
YAHAYA
·
Seven-Up Bottling Co. Ltd, v. Yahaya (2001) 4 NWLR (Pt. 702) 47
SALAMI, J. C. A. (Delivering the Leading Judgment): In suit No. K/320/95, the plaintiff sued the defendants jointly and severally, claiming 8,028 crates of assorted mineral in the alternative N2,239,702 in lieu thereof and the sum of N100,000.00 general damages, with interest at the rate of 10% from judgment till the entire judgment debt is paid. The plaintiff also claimed from the first defendant the sum of N4,029.00, plus interest at the rate of 10% from the date of the judgment until the whole judgment debt is liquidated.
The first defendant filed with the leave of court, a statement of defence to which a counter-claim was subjoined. The application for extension of time to file statement of defence coupled with a counter-claim was granted, without opposition from the plaintiff, by the court on 9th March, 1996. The remaining defendants failed to put in their defence. Thereafter, the matter suffered a number of adjournments until 18th April, 1996, when there was no appearance for th…