AGRO MILLERS LTD
V.
CONTINENTAL MERCHANT BANK (NIGERIA) PLC

(1997) JELR 45451 (CA)    

Court of Appeal  ·  CA/K/195/93 ·  17 Jul 1997 ·  Nigeria
 · 
Other Citations
Agro Millers Ltd. v. C.M.B. (1997) 10 NWLR (Pt. 525)
Agro Millers Ltd. v. C.M.B. (1997) 10 NWLR (Pt. 525) 469
CORAM
UMARU ABDULLAHI Justice of The Court of Appeal of Nigeria JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria
Core Terms Beta
defence
defendant
appellant
affidavit
learned trial judge
respondent
facts
paragraphs
civil procedure
kaduna state high court
lower court
support of its notice of intention
notice of intention
undefended list
appellant leave
support of the claim
relevant documents
defendant leave
double debit entries
further affidavit
issues
requirement of order
sum of n7,913,346.64k
brother mahmud mohammed
circumstances of this case
counsel mr. ashiekaa
duplication of debit entries
hearing of the undefended suit
leading judgment
learned counsel
nal merchant bank
relevant rule
resolution of the issue
respective briefs of argument
rules of the lower court
rules of this court
said figure
second issue
supporting affidavits
support of the defendant
support of the notice
trial judge
uncertainty of the amount
undefended list raises

MOHAMMED, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Dagara Mallam J. of the Kaduna State High Court of Justice delivered on 30/11/92. The respondent as plaintiff had filed an action under the undefended list at the lower court against the appellant which was the defendant, to recover a debt in the sum of N7,913,346.64k. The respondent's writ of summons was filed together with an affidavit and a further affidavit in support of the claim. On being served with the writ of summons and the supporting affidavits, and in compliance with the rules of the lower court, the appellant duly filed its notice of intention to defend the suit with an affidavit and a further affidavit in support of the notice. On the date fixed for the hearing of the undefended suit, the learned trial Judge heard arguments from learned counsel on both sides on whether the appellant as defendant ought to be granted leave to defend the suit on its affidavits in support of its not…

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