AUBERGINE COLLECTIONS LTD. & ANOR.
V.
HABIB NIGERIA BANK LTD.

(2001) JELR 44349 (CA)    
Court of Appeal  ·  CA/A/26/2000 ·  4 Dec 2001 ·  Nigeria
 · 
Other Citations
Aubergine Col. Ltd v. Habib Nig. Bank Ltd. (2002) 4 NWLR (Pt.757)338
CORAM
DAHIRU MUSDAPHER Justice of The Court of Appeal of Nigeria MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria ALBERT GBADEBO ODUYEMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
affidavit
notice of intention
order
extension of time
notice
appellants
application
defendants
learned trial judge
undefended list
motion
rule
provisions of order
trial court
high court of the federal capital territory
trial judge
writ of summons
counter-affidavit
favour of the respondent
high court rules
sum of n1,845,073.40
15th day of february
abuja civil procedure rules cap
aforesaid civil procedure rules
consideration of the case
cost of the action
date of judgment
following issues
fundamental issue
grounds of appeal
high court
high court civil procedure rules
high court of the federal capital territory abuja
judgment debts
judgment of the learned trial judge
judicial role of an appellate court
leading judgment
learned trial judge ought
leave of the trial court
notice of appeal
proper procedure
right of fair hearing
said judgment
stipulated period
such notice
suo motu
support of the motion

MUSDAPHER, J.C.A. (Delivering the Leading Judgment): The respondent herein by a writ of summons filed against the appellants as the defendants in the High Court of the Federal Capital Territory Abuja claimed as follows:

"(a) The sum of N1,845,073.40 (One Million Eight Hundred and Forty Five Thousand and Seventy Three naira, forty kobo) being the total outstanding debt owed the plaintiff by the defendants on an overdraft facility of N1,250,000.00 granted them with accruing interest and agreed bank fees.

(b) 10% interest per annum on the judgment debts from the date of judgment until final liquidation.

(c) Cost of the action."

On an application by the plaintiff the matter was placed on the undefended list. The writ of summons was served on the defendants on the 9th of February, 2000 and was returnable on the 17th of February.

The defendants were out of time in filing the notice of intention to defend as specified under the provisions of Order 23 rule 3 of the High Court of the Federa…

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