BAWA
V.
PHENIAS

(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

CORAM

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

defendant

plaintiff

affidavit

defence

suit

respondent

learned trial judge

issues

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

support

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…

BAWA V. PHENIAS

BAWA
V.
PHENIAS