AKPABUYO LOCAL GOVERNMENT COUNCIL
V.
D'TITO COMPANY (NIG) LTD

(2016) JELR 46466 (CA)    
Court of Appeal  ·  CA/C/268/2013 ·  11 Jul 2016 ·  Nigeria
CORAM
CHIOMA EGONDU NWOSU-IHEME Justice of The Court of Appeal of Nigeria PAUL OBI ELECHI Justice of The Court of Appeal of Nigeria JOSEPH OLUBUNMI KAYODE OYEWOLE Justice of The Court of Appeal of Nigeria
Core Terms Beta
action
appeal
respondent
cause of action
statute
suit
issues
trial court
favour of the respondent
letter
lower court
statute of limitation
27th march
record of appeal
11th day of february
facts of this case
judicial process
learned trial judge
provisions of order
tito company nigeria
affidavit of the respondent d
cause of action of the respondent
chioma egondu nwosu-iheme
civil procedure
co. ltd
cross river state high court
draft of the lead judgment
e. u. unoh esq
first issue
formal agreement
issue deals
joseph olubunmi kayode oyewole
laws of cross river state
leading judgment
lead judgment
legal practitioners act
paul obi elechi
prima facie incompetent
provisions of the statute of limitation
said agreement
said cause of action
said judgment
said letter
sam eboh esq
s. m. anjo
tito eze-david
view of the legal principles

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): The Respondent as Claimant at the trial Court, commenced this suit by a writ of summons dated and filed on the 7/2/2013.

By a motion ex-parte filed alongside the writ praying the Court to place the suit under the undefended list, the suit was placed on the undefended list on the 11th day of February, 2013. The Appellant was served with the originating process as well as the order placing the suit on the undefended list.

On the 27th of March, 2013, S. M. ANJO, J., of the Calabar Division of the Cross River State High Court entered judgment for the Respondent as prayed. This appeal is predicated on the said judgment.

The Appellant distilled three issues for determination thus:

"(a) Whether the Learned trial Judge was right when he entered judgment on the 27th March, 2013 in favour of the Respondent herein against the Appellant, the action leading to this Appeal was prima facie incompetent,

(b) Whether having regard to Claus…

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