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AFRIBANK NIGERIA PLC
V.
BONIK INDUSTRIES LTD

(2005) JELR 45159 (CA)

Court of Appeal 13 Jul 2005 Nigeria
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- The case was brought by the plaintiff through a specially endorsed writ of summons filed in the Ibadan Judicial Division of the High Court of Justice, Oyo State of Nigeria. - The trial court gave judgment in favor of the plaintiff for a s

Case Details

Suit Number:CA/I/69/01
Judges: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
Counsel:Otunba O.O. Ogunyemi For Appellant Prof. J.O. Anifalaje For Respondent
Other Citations:AFRIBANK NIG. PLC V. BONIK IND. LTD [2006] 5 NWLR (Pt. 973)

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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