(2000) JELR 43932 (CA)    

Court of Appeal  ·  CA/IL/3/99 ·  6 Jul 2000 ·  Nigeria
Other Citations
Akinwale v. B.O.N (2001) 4 NWLR (Pt 704)448
Akinwale v. B.O.N (2001) 4 NWLR (Pt. 704) 448
MURITALA AREMU OKUNOLA Justice of The Court of Appeal of Nigeria PATRICK IBE AMAIZU Justice of The Court of Appeal of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Court of Appeal of Nigeria
Core Terms Beta
grounds of appeal
ground of appeal
notice of intention
learned trial judge
particulars of error
undefended list
writ of summons
high court rules
civil procedure
high court
lower court
trial court
16th day of september
leading judgment
purported writ
brief of argument
circumstances of this case
hon. justice r.o. elelu-habeeb
preliminary objection
undefended list procedure
21st day of january
agent of the appellant
brother onnoghen j.c.a.
competency of the grounds of appeal
decision of the trial court
established fact
facts of the case
filed document
following terms
grounds of objection
hearing counsel
interlocutory decision of the court
judgment of the kwara state high court of justice holden
kwara state high court
printed form
raises issues
rules of court
said rules of court
set aside
shortest possible time

ONNOGHEN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Kwara State High Court of Justice holden at Ofa in suit No KWS/OF/2/91 delivered by Hon. Justice R.O. ELELU-HABEEB on the 16th day of September, 1991 in which the learned trial Judge entered judgment for the respondent under the undefended list procedure.

The facts of the case as can be gathered from the record are that on the 21st day of January, 1991 the respondent caused a writ of summons to be issue under the undefended list together with an affidavit as required by the rules, for the recovery of liquidated money demand arising from credit facilities granted to the appellant upon his request together with interest thereon amounting at the time to N45,519,96.

The writ was duly issued signed by the registrar and served on the appellant who, thereafter engaged counsel who filed a motion for leave to enter appearance out of time.

On the 17th day of April, 1991 when the matter came up for …

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