(2006) JELR 40278 (CA)    

Court of Appeal  ·  CA/J/227/2002 ·  31 May 2006 ·  Nigeria
Other Citations
Bawa v. Phenias [2007] 4 NWLR (Pt.1024)
Bawa v. Phenias (2007) 4 NWLR (Pt. 1024) 251
RABIU DANLAMI MUHAMMAD 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
learned trial judge
trial court
general cause list
notice of intention
undefended list
sum of n370,000.00
toyota carina
civil procedure
leading judgment
support of notice of intention
business transaction
documentary evidence
grounds of appeal
plateau state high court
support of the claim
wheel drive
carina car
issue no.
purchase agreement
support of the particulars of claim
writ of summons
brief of argument
close look
decision of the trial court
fair hearing
favour of plaintiff
hearing of this appeal
order of this court
particulars of claim
printed record of proceedings of the trial court
proceeds of the sale of the plaintiff
purported defence
respondent v. u. jackdonmi
said 24th june
sum of n270,000.00
utmost respect
weight of evidence

TSAMIYA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling/decision of Dakyen J. sitting at Plateau State High Court, holden at Jos dated 24th June, 2002.

The respondent as plaintiff instituted an action against the dependent/appellant. The claim was for:

1. The sum of N270,000.00 (Two hundred and Seventy thousand Naira only) being money outstanding in favour of plaintiff from the proceeds of the sale of the plaintiff's vehicle.

2. 21% interest per-annum from June, 2001, till judgment and thereafter 10% interest till the whole sum is liquidated.

3. Cost of this action.

The particulars of claim together with the affidavit in support were placed on the undefended list pursuant, to Order 23 of the Plateau State High Court (Civil Procedure) Rules, 1987. The facts relied on are set out in the affidavit in support of the claim together with exhibits attached thereto, i.e. exhibits 'A' and 'A1'.

On being served with the plaintiff's claim, the defendant filed a n…

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