BISONG
V.
EKPENYONG

(2001) JELR 44363 (CA)    

Court of Appeal  ·  CA/C/35M/2000 ·  22 Nov 2001 ·  Nigeria
 · 
Other Citations
Bisong v.Ekpenyong [2003] 5 NWLR (Pt.812)156
Bisong v. Ekpenyong (2003) 5 NWLR (Pt. 812) 156
CORAM
DENNIS ONYEJIFE EDOZIE Justice of The Court of Appeal of Nigeria OKWUCHUKWU OPENE Justice of The Court of Appeal of Nigeria SIMEON OSUJI EKPE Justice of The Court of Appeal of Nigeria
Core Terms Beta
respondent
defence
appellant
court
defendant
appeal
learned trial judge
suit
rule
action
evidence
order
sum of n130,000.00
undefended list
civil procedure
writ of summons
benefit of doubt
leading judgment
rules
sum of n100,000.00
trial court
claims
court processes
high court
ordinary cause list
provisions of order
appellate court
balance of n630,000.00
brief of argument
brother opene j.c.a.
civil action
court finds
court of law acts
cross-examination
cross-river state high court
day judgment
final liquidation of the judgment sum
high court of cross-river state
learned trial judge finds
leave of the court
mr obono-obla
pertinent provision
place
respect of a claim
right of set-off
said n130,000.00
strong view
sum of n5,000.00

OPENE, J.C.A. (Delivering the Leading Judgment): In an action filed by the appellant as plaintiff at the High Court of Cross-River State holden at Calabar, the appellant claimed against the defendant/respondent as follows;

"i. The sum of N130,000.00 (one hundred and thirty thousand Naira) only being the balance of N630,000.00 (Six hundred and thirty thousand Naira) only, which the Defendant bought the plaintiff's 55KVA RA Lister Generator; which the defendant has bluntly refused to liquidate inspite of repeated demands.

ii. A 10% interest on the said N130,000.00 from the day judgment is delivered in the suit until final liquidation of the judgment sum.

iii. The sum of N5,000.00 (Five thousand Naira) only being out of pocket expenses."

In accordance with the provisions of Order 23 Rule 1 of the Cross-River State High Court (Civil Procedure) Rules 1987, the appellant also filed an affidavit seeking leave of the court to place the suit under the Undefended list and the "Writ of Summons"…

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