(2015) JELR 39817 (CA)    

Court of Appeal  ·  CA/B/47/2010 ·  15 Jul 2015 ·  Nigeria
HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria
Core Terms Beta
undefended list
writ of summons
delta state
high court
trial court
civil procedure rules
defunct bendel state
trial judge
motion ex-parte
provision of order
sum of n10,488,678.80
learned trial judge
lower court
money demand
presiding judge
registrar of the court
general cause list
issuance of writ of summons
respect of a claim
supporting affidavit
affidavit evidence
clear days
court process
dtlr pg
following steps
f.w.l.r pt
grant of such application
grant of the order
helen moronkeji ogunwumiju
judgment of the high court of delta state
judgment of the trial court
judicial function of a presiding judge
leading judgment
lpelr-2051 sc
paul ejikeme uwaabuchi obi
respect of a case
respect of exhs a-h.
respondent exh j
support of the notice of his intention

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Delta State sitting at Sapele delivered by Hon. Justice E.N. Emudiainohwo on the 20/7/2009, wherein the learned trial judge awarded the sum of N10,488,678.80 (Ten Million, Four Hundred and Eighty Eight Thousand, Six Hundred and Seventy-Eight Naira, Eighty Kobo) to the Respondent. The following are the facts that led to this appeal.

The Respondent by a Motion Ex-parte pursuant to Order 23 Rule 1 of the High Court (Civil Procedure Rules) 1988 of the defunct Bendel State then applicable to Delta sought that the Writ of Summons regarding the suit be placed on the undefended list.

The Respondent had attached the following: Exhs. A-H copies of the invoice with which the orders were made. Exh K is a letter from the Respondent to the Appellant requesting the confirmation of the amount owed the Respondent Exh J and L are confirmation letters from the Appellant to t…

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