ANDEM
V.
ETIM

(2009) JELR 50896 (CA)    

Court of Appeal  ·  CA/C/155/2005 ·  8 Jul 2009 ·  Nigeria
CORAM
JAFARU MIKA’ILU JCA (Presided) NWALE SYLVESTER NGWUTA JCA MOJEED A. OWOADE JCA (Read the Lead Judgment)
Core Terms Beta
appellant
respondent
mtn representatives
evidence
learned trial judge
mtn
issue
lead judgment
respondent’s counsel
grounds of appeal
sole issue
evidence act
owoade jca
agreed sum
appellant’s assertion
authority of the defendant
behalf of the respondent
evidence of the plaintiff
provision of section
representative of mtn
said ground
said mtn official
above finding
appeal court
appellant’s case
bill exhibit a
case of the appellant
defendant call
defendant’s behalf
defendant’s counter-claim
document appellant
draft document
exhibit c
followinglone issue
given allegation forms
high court
judgment of e. e. ita j.
learned trialjudge
legal fees
limited booster station lease agreement
negotiated sum of n825,000.00
order of court
quantum of proof
reason of the defendant
receipt of exhibit a
respondent land
sum of n82,500.00
support of their respective cases
trial
trial judge

OWOADE JCA (Delivering the Lead Judgment): This is an appeal against the judgment of E. E. Ita J. sitting at the Calabar Division of the Cross River State, High Court in suit No. HC/319/2001 delivered on 29 July 2005. By a writ of summons dated 23 September 2004 and placed under the undefended list by order of court on 10 January 2005, the appellant as plaintiff claimed against the defendant/respondent the sum of N82,500.00 (eighty two thousand five hundred naira) being substantive debt owed to the plaintiff by reason of the defendant’s failure to pay the 10% legal fees on the MTN Limited booster station lease agreement negotiated by the plaintiff on defendant’s behalf which said money has been received by the defendant. On 24 January 2005, the defendant/respondent filed an affidavit disclosing a defence to the suit on the merit after which the learned trialJudge in a ruling delivered on 28 January 2005, transferred the suit to the general cause list for trial and determination and …

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