AZARE
V.
FLOUR

(2005) JELR 40125 (CA)    

Court of Appeal  ·  CA/J/151/2000 ·  19 Dec 2005 ·  Nigeria
CORAM
AMIRU SANUSI Justice of The Court of Appeal of Nigeria IFEYINWA CECILIA NZEAKO Justice of The Court of Appeal of Nigeria MUHAMMAD LADAN TSAMIYA Justice of The Court of Appeal of Nigeria
Core Terms Beta
defendant
plaintiff
affidavit
respondent
claim
exhibits
learned counsel
learned trial chief judge
undefended list
general cause list
notice of intention
proceedings
counsel
trial court
grounds of appeal
high court
undefended list procedure
civil procedure
defence of the appellant
favour of the respondent
leading judgment
suit no. ba
support of the writ of summons
b1 of the plaintiff claim
b1 of the respondent
c-e
chief judge
civil proceedings
court record
defence of the defendant
exhibit a of the defendant affidavit
hand of hon. justice bala umar
ifeyinwa cecilia nzeako
issue no.1
judgment sum
justice of the matter
learned trial judge
main issue
mere general denial of the plaintiffs claim
notice of appeal
order of court
plaintiffs claim
records of proceedings of the civil area court
result of the aforementioned state of affairs
rules of bauchi state high court
rules of this court
sum of n136
upper area court azare

MUHAMMAD LADAN TSAMIYA, J.C.A. (Delivering the Leading Judgment): The respondent (herein) was the plaintiff at the trial Court. He sued the appellant (who was the defendant at the trial Court), claiming the sum of N136, 810.00, and 10% interest on the judgment sum from December, 1998, to the final satisfaction of the judgment and the costs of this action.

The claim was brought under the undefended list procedure. The appellant filed a Notice of Intention to defend, which was supported by an affidavit. After taking submissions by counsel to both parties, the learned trial Chief Judge refused to transfer the matter to the general cause list, but entered judgment in favour of the respondent. In his Ruling, the Chief Judge stated:-

"The justice of the matter, therefore, dictates that the Notice which is a denial devoid of any particular...mere general denial of the plaintiffs claim is not sufficient to warrant a defendant being given leave to defend...

The defendant is hereby ordered to p…

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