(1989) JELR 45320 (SC)    

Supreme Court  ·  SC.252/1988 ·  15 Dec 1989 ·  Nigeria
Other Citations
Ben Thomas Hotels Ltd v. Sebi Furniture Ltd (1989) NWLR (Pt.123)523
Ben Thomas Hotels Ltd. v. Sebi Furniture Ltd. (1989) 5 NWLR (Pt. 123) 523
ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ABDUL GANIYU OLATUNJI AGBAJE Justice of The Supreme Court of Nigeria
Core Terms Beta
writ of summons
learned trial judge
civil procedure
high court
affidavit of service
court of appeal
undefended list
return date
favour of the plaintiff
kwara state
ben thomas hotels ltd.
30th day of october
application of the plaintiff
ben thomas hotel
grounds of appeal
learned counsel
sum of n68,000.00 vide order
vide order
1987.the defendant company
1988.the court
affidavit of the manager of the plaintiff company
affidavit of the service
case file
clear view
cost of furniture items
general rule
judgment of the court
judgment of the high court
judgment of the learned court of appeal
kabba-ajaokuta new road
leading judgment
learned justice of the court of appeal
mr. wole olanipekun
named official of the defendant company
name of the official of the appellant company
official of the defendant company
premises of the registered office of the appellant
reasoning of the learned justice of the court
registered office of the defendant company
said judgment
suit number
union bank
validity of the service of the writ
walls of order

ESO, J.S.C. (Delivering The Leading Judgment): This matter started as a Judgment of the High Court, Kwara State, Lokoja Judicial Division, coram Leslie, J. But the history before that Judgment is equally interesting. The action was brought by motion for judgment under the undefended list. The claim which the plaintiff had brought was an action for what he termed-

"outstanding balance of N68,000.00" as "Cost of furniture items thus supplied to the defendant" and 10% interest per annum."

The motion on the undefended list came before the Court on 2nd December, 1987.The defendant company was not represented and the Ruling was entered in favour of the plaintiff on 8th December. The judgment of the court then was-

"The result is that the judgment is entered in favour of the plaintiff as per writ of summons for the sum of N68,000.00 vide Order 3 Rule 12 of the High Court (Civil Procedure) Rules, 1975.

The defendant shall also pay 10% interest on the stated sum until judgment debt is finally …

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