(2008) JELR 45362 (CA)    

Court of Appeal  ·  CA/E/170/2007 ·  9 Jul 2008 ·  Nigeria
MOHAMMED L. TSAMIYA Justice of The Court of Appeal of Nigeria OLUKAYODE ARIWOOLA Justice of The Court of Appeal of Nigeria SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria
Core Terms Beta
general cause list
learned trial judge
trial court
balance of money
trial judge
accrued interest
favour of the plaintiff
judgment debt
support of the notice of intention
notice of intention
sum of n301,815.36
triable issue
undefended list action
anambra state high court rules
briefs of arguments
customer of the appellant
final analysis
ground defence
issue of the writ of summons
judicial notice
leading judgment
notice of appeal
payment of the respondent
position of the law
present case
record of the appeal
respect of his claim
respondent n15,000.00
ruling of the high court of anambra state
ruling of the learned trial judge
said exhibit
said exhibits
service of the above mentioned documents
sidi dauda bage
state high court of anambra
suit no. a
undefended list procedure

MOHAMMED L. TSAMIYA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Anambra State delivered on 25/4/2007 in suit No. A/358/2006.

On the undefended List action, commenced on 27/11/2006 from the State High Court of Anambra, sitting in Awka Judicial Division (herein referred to as the trial Court) the appellant (as defendant) was sued under the undefended list action by the respondent (as plaintiff) claiming as follows:

1. The sum of N301,815.36 (Three hundred and one thousand, Eight hundred and fifteen Naira Thirty six Kobo) being the balance of Money deposited with the appellant by the respondent as at 2003 excluding the accrued interest from 2004 till date, which money the appellant has refused to pay the respondent from 2000 till date.

2. Interest on the sum claimed at the rate of 5% monthly from September, 2004 till date and 5% interest monthly on the judgment debt till the judgment debt is liquidated.

From the record of the appea…

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