AFRIBANK NIGERIA PLC
V.
BONIK INDUSTRIES LTD

(2005) JELR 45159 (CA)    

Court of Appeal  ·  CA/I/69/01 ·  13 Jul 2005 ·  Nigeria
 · 
Other Citations
AFRIBANK NIG. PLC V. BONIK IND. LTD [2006] 5 NWLR (Pt. 973)
CORAM
SAKA ADEYEMI IBIYEYE Justice of The Court of Appeal of Nigeria FRANCIS FEDODE TABAI Justice of The Court of Appeal of Nigeria RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
jurisdiction
respondent
plaintiff
appeal
learned counsel
supporting affidavit
grounds of appeal
only issue
instant case
trial court
cause of action
counsel
judgment of the trial court
osun state
undefended list
writ of summons
civil procedure
high court
ilesa branch of the appellant
inter alia
j.c.a
leading judgment
bank accounts of the plaintiff
briefs of argument of the parties
cases of matari v
contract agreement
exhibit l1
exhibit l2
fourth appearance of plaintiff
mr. remi akintoye
otunba o.o. ogunyemi
pertinent aspects of the rules of this court
single issue
action estoppel
bank charges
breach of that contractual relationship
causes of action of the respondent
charging of alleged excessive interests
exhibit lion pages
ibadan judicial division of the high court of justice
learned trial judge
legal mortgage
oyo state of nigeria
principle of law
short judgment
such application
sum of n3
terms of the writ of summons

IBIYEYE, J.C.A (Delivering the Leading Judgment): The matter culminating in this appeal was instituted by the plaintiff now the respondent by means of procedure on the undefended list through a specially endorsed writ of summons filed in the Ibadan Judicial Division of the High Court of Justice, Oyo State of Nigeria.

In strict compliance with the attendant procedure for instituting any matter on the undefended list, the respondent filed a twenty four paragraph supporting affidavit.

The trial court, on the 20th October, 2000 appeared satisfied with the service of hearing process on the defendant now appellant who was absent. The learned trial Judge, in a short judgment on the same day (supra) held, inter alia,

"In the circumstances, I hereby give judgment to the plaintiff in terms of the writ of summons as follows:

(1) Judgment for a sum of N3, 723,685.68k three million, seven hundred and twenty three thousand, six hundred and eighty five naira sixty-eight kobo-(sic) being the total su…

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