7UP BOTTLING COMPANY LTD.
V.
YAHAYA

(2001) JELR 44373 (CA)    

Court of Appeal  ·  CA/K/81/2000 ·  15 Jan 2001 ·  Nigeria
 · 
Other Citations
Seven-Up Bottling Co. Ltd. v. Yahaya (2001) 4 NWLR (Pt.702) 47
Seven-Up Bottling Co. Ltd, v. Yahaya (2001) 4 NWLR (Pt. 702) 47
CORAM
ISA AYO SALAMI Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria JOSEPH JEREMIAH UMOREN Justice of The Court of Appeal of Nigeria
Core Terms Beta
appeal
notice of appeal
extension of time
plaintiff
appellant
application
court
30th july
counter-claim
counsel
court of appeal
first defendant
j. c. a.
respondent
last paragraph of page
payment of filing fees
statement of defence
22nd september
25th july
27th july
3rd june
advice of the court
basis of both briefs
briefs of argument
court of appeal registry kaduna viz
date of filing
date of the judgment
decision of the high court no.
decisions
defendants
entire judgment debt
government ministries
hearing of the appeal
judgment of the learned trial judge
leading judgment
learned counsel
leave of court
opening paragraph of the appellant
prescribed period
record of proceedings
relevant notice of appeal
respective briefs
respect of the appeal
second time
statement of defence of the respondent
suit no. k
support of his counter-claim
take notice

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…

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