AKPABUYO LOCAL GOVERNMENT
V.
EDIM

(2002) JELR 44738 (CA)

Court of Appeal · CA/C/124m/2001 · 24 Apr 2002 · Nigeria
·

Other Citations

Akpabuyo L. G. v. Edim (2003) 1 NWLR (Pt. 800)23

CORAM

DENNIS ONYEJIFE EDOZIE Justice of The Court of Appeal of Nigeria OKWUCHUKWU OPENE Justice of The Court of Appeal of Nigeria SIMEON OSUJI EKPE Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

appellant

defendant

case

respondent

notice of intention

undefended list

learned trial judge

facts

return date

leading judgment

property recovery tribunal

sum of n253,245.30

writ of summons

instant case

learned judge

affidavit of service

akpabuyo local government council

fair hearing

trial judge

balance of n268,925.30

brief of argument

civil procedure

competence of the learned trial judge

following cases

processes of court

relevant court processes

suit no. c

above depositions

affidavit of the respondent

calabar high court

cardinal principle of law

case of nigerian bottling company plc

foreknowledge of facts

hon. justice r.i.e odu

judgment of the tribunal

order of court

principle of fair hearing

proceedings of the public funds

public fund

record shows

return date of the writ of summons

service of writ of summons

supervisory councillor of the appellant council

trial court

true copy of the judgment

view of the affidavit evidence

EDOZIE, J.C.A. (Delivering the Leading Judgment): The respondent was the plaintiff before the Calabar High Court in suit No. C/435/99 wherein, by his writ of summons placed under the undefended list, he claimed against the appellant as defendant -

The sum of N253,245.30 (two hundred and fifty-three thousand, two hundred and forty-five naira, thirty kobo) being the balance of N268,925.30 owed the plaintiff by the defendant.

The facts giving rise to the claim are as stated in the affidavit of the respondent in support of the application to place the suit on the undefended list. It reads thus:-

I, Hon. Orok N. Edim, male

1. That I am a native of Idundu village and ex-supervisor in Akpabuyo Local Government Council.

2..............................................................

3. That during my tenure as supervisor in Akpabuyo Local Government Council, my total arrears of claim were N268,925.30.

4. That this ascertained claim was not settled by the defendant despite my repeated demand…

AKPABUYO LOCAL GOVERNMENT V. EDIM

AKPABUYO LOCAL GOVERNMENT
V.
EDIM