(2005) JELR 45138 (CA)    

Court of Appeal  ·  CA/I/167/99 ·  1 Dec 2005 ·  Nigeria
RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria GERTRUDE IFUNANYA UDOM-AZOGU Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
compromise agreement
issue of jurisdiction
lead judgment
learned trial judge
statement of defence
sum of n4
available evidence
claim of the respondent
judgment of the court
leading judgment
supreme court
view of exhibits aa2
agreed terms
appellant company
balance of money
chief a. ibrahim
chief judge of high court ibadan
counsel s. a. afolabi eso
credible evidence
dismissal of such averment
entire claim of the plaintiff
entire proceedings
face of exhibits aa2
final settlement
lower court of the power
mr. alimi of counsel
notice of preliminary objection
original cause of action
reasonable reason
respect of exhibits
sc scnj
subsisting cause of action
sufficient evidence
summary judgment
trial chief judge
want of jurisdiction

UDOM-AZOGU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice N. O. Adekola, Chief Judge of High Court Ibadan, Ibadan Judicial Division delivered on 9/7/99 in which he refuse the application by the defendant/appellant to set aside its judgment dated against the plaintiff dated 24/3/99.

(a) In the court below the plaintiff now (respondent) claimed against the defendant (now appellant) the sum of N4, 625,809.00 being the balance of money due to the plaintiff under the contract by which the plaintiff supplied 330 of 18mm thick coloured plywood and 10 tonnes of 12mm diameter high yield reinforcement to the defendant.

(b) Interest on the said sum at the rate of 21% from 21/5/97 till judgment is delivered and thereafter at the rate of 10% until the judgment is liquidated.

In his statement of defence the defendant denied the entire claim of the plaintiff and in paragraph 12(c) of the statement of defence he averred as follows:

"the defendant did…

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