(2018) JELR 39018 (CA)    

Court of Appeal  ·  CA/C/500/2014 ·  31 Jan 2018 ·  Nigeria
CHIOMA EGONDU NWOSU-IHEME Justice of The Court of Appeal of Nigeria STEPHEN JONAH ADAH Justice of The Court of Appeal of Nigeria JOSEPH OLUBUNMI KAYODE OYEWOLE Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
suit no. ht
ikot ekpene
1st respondent
legal practitioner
suit no. hu
high court
writ of summons
set aside
2nd respondent
akwa ibom state
facts of this case
learned counsel
madukolu vs. nkemdilim
vacation court
judgment of the akwa ibom state high court
learned judge of the vacation court
order of this honourable court
originating processes
supreme court
6th day of june
adeigbe vs. kushimo
breach of the fundamental right
brief of argument
brief of m. h. akpan
cause of action
defectiveness of the writ of summons
first issue
high court of akwa ibom
high court of akwa ibom state
ikot ekpene judicial division
lack of jurisdiction of the court
leading judgment
leave of court
originating processes of the said action
own case
paragraph affidavit
premises of the high court
said indebtedness
said matter
second issue
service of the originating
such order
undefended suit proceeding
vacation of the court

STEPHEN JONAH ADAH, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Akwa Ibom State High Court in Suit No. HU/MIS. 264/2014 delivered on 26th September, 2014 by B. F. Etuk, J.

The facts of this case from the record before us are straight forward. The Appellant had stood as a Guarantor to the 2nd Respondent for a loan obtained by the said 2nd Respondent from the 1st Respondent in this appeal. The loan was not repaid so the 1st Respondent instituted Suit No. HT/UNDT. 8/2013 at the High Court of Akwa Ibom State, Ikot Ekpene Judicial Division. The Court at Ikot Ekpene heard that suit in an undefended suit proceeding and delivered judgment on the 6th day of June, 2013. The judgment was executed against the Appellant and his property attached and carried to the premises of the High Court.

The Appellant now aggrieved took an application before the Lower Court in this matter which was a vacation Court. A Vacation Court at the High Court of Akwa Ibom is a …

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