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A.T.S. & SONS
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BEN ELECTRONICS CO. NIG. LTD

(2018) JELR 51296 (SC)

Supreme Court 1 Jun 2018 Nigeria
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- The case involves a suit for payment for a contract for the supply of motorcycles. - The trial court initially found merit in the respondent's claim but later dismissed the suit. - The Court of Appeal allowed the appeal and entered judgme

Case Details

Suit Number:SC.226/2013
Judges:OLABODE RHODES-VIVOUR JSC MARY UKAEGO PETER-ODILI JSC JOHN INYANG OKORO JSC AMIRU SANUSI JSC SIDI DAUDA BAGE JSC
Counsel:F. K. Idepefo Esq., (with him, U. C. Okeke Esq) for the Appellants; J. A.Oguche Esq., (with him, Danladi Filibus Esq) for the Respondent.

OKORO JSC (Delivering the Lead Judgment): The respondent as plaintiff commence the suit giving birth to this appeal in the High Court of Taraba State, sitting at Jalingo, by a writ of summons dated 21 February 2008 and upon a motion ex- parte of the same date, prayed the court for the suit to be placed on the undefended list and for same to be so marked and heard accordingly. Upon being served with the originating processes after the ex-parte motion was granted as prayed, the respondent entered conditional appearance on 11 April 2008, and on 14 April 2008, filed a notice of intention to defend accompanied by notice of preliminary objection to the jurisdiction of the trial court to entertain the suit on the ground of non-compliance with the provision of Order 5, rule 6 of the Taraba State High Court (Civil Procedure) Rules, Cap 63, Laws of Taraba State, 1987.

The said notice of preliminary objection was however withdrawn and in a considered ruling, the trial court found merit in the no…

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