(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
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
notice of intention
undefended list
learned trial judge
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.


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…

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