(2001) JELR 57714 (CA)    

Court of Appeal  ·  CA/C/97/2000 ·  30 Jan 2001 ·  Nigeria
Other Citations
Akpabuyo L.G. v. Duke (2001) 7 NWLR (Pt. 713) 557
Core Terms Beta
writ of summons
contract sum
instant case
high court rules
learned trial judge
undefended list
civil procedure
grounds of appeal
matter of form
trial court
high court
liquidation of the judgment debt
lower court
rate of interest
basis of the interest claim
clear days
expiration of time
local government area
notice of appeal
suit no. c
3rd may
absence of express agreement
appropriate cases
authority of my cousin
calabar high court
circumstance of each case
circumstances of the particular case
complete agreement
defendant notice of our intention
execution of a contract
final payment certificate
following terms
good faith
jobbing order
lead judgment
particulars of error
respect of the first issue
said notice
subject-matter of this appeal
substantial points of law

EDOZIE, JCA (Delivering the Lead Judgment): The respondent and appellant herein were respectively plaintiff and defendant in suit No. C/157/ 99, wherein by a writ of summons dated 26th April 1999 and filed the same date at the Calabar High Court, the respondent, as per the claim endorsed thereon, claimed against the appellant thus:- “1. N150,000 due to the plaintiff for the execution of a contract to grade eight kilometres of rural road at Ifiong Nsung, Akpabuyo Local Government Area. 2. 21% interest on the contract sum from 1st August, 1993.”

It would appear that the respondent, by his counsel, filed a motion ex parte for the suit to be placed on the Undefended List and in the affidavit in support of that motion, the facts giving rise to the claim were outlined and for their brevity, they read as follows:- “I, Prince Effiom Duke, Male, Nigerian, businessman of No. 17 Iman Street, Calabar, hereby make oath and state that:-

I have the authority of my cousin, the plaintiff, to swear t…

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