ABUBAKAR TATARI ALI POLYTECHNIC BAUCHI
V.
BABA AHMED INTL CO. LTD

(2021) JELR 108960 (CA)    
Court of Appeal  ·  CA/J/66/2019 ·  3 Nov 2021 ·  Nigeria
CORAM
Adzira Gana Mshelia Justice of the Court of Appeal Mudashiru Nasiru Oniyangi Justice of the Court of Appeal Boloukuromo Moses Ugo Justice of the Court of Appeal

MUDASHIRU NASIRU ONIYANGI, J.C.A. (Delivering the Leading Judgment): The Respondent in this appeal as Plaintiff before the High Court of Bauchi State by way of a Motion Exparte dated 9th February, 2016 and filed on the 16th day of February, 2016 sought for the following orders (See page 22-38 of the Record of Appeal).

(1) AN ORDER GRANTING LEAVE to the Applicant to file this suit under the undefended list.

(2) AN ORDER PLACING AND MARKING the Writ of Summons in this suit under the undefended list procedure and serving same on the Respondents as a separate process.

(3) AND SUCH FURTHER or other orders this Hon. Court may deem fit to make in the circumstance of this case.

The foregoing orders were sought to issue a Writ under the Undefended List against ABUBAKAR TATARI ALI POLYTECHNIC BAUCHI as Defendant in the suit.

Upon hearing of the said application on the 23rd day of February, 2016, the learned trial Judge granted the order sought and directed that a Writ of Summons under the Undefended…

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