BIWATER SHEELABEAR LTD
V.
FRANK MAC & BOBBY ASS

(2000) JELR 50869 (CA)    

Court of Appeal  ·  CA/A/93/98 ·  8 May 2000 ·  Nigeria
Core Terms Beta
writ
order
undefended list
registrar
writ of summons
defendant
provisions of order
plaintiff
rules
formal application
lead judgment
civil procedure rules
learned trial judge
officer of the court
respondent
trial judge
undefended list procedure
issuance of a writ
j.c.a
judicial act
competency of the writ
high court
issues
learned counsel
byan affidavit
candid view
cases of debt recovery
claim interest
decision of nwakama
examination of the issues
favour of the respondents
grounds of appeal
interlocutory appeal
leading judgment
leave of this court
necessary application
niger state high court
nwakama’s case
plaintiff’s claim
respect of various items
rules of court
said sum of nl
sign
special pro cedure
such act of signing
such application
suit no. nsiic
trial court
vide nwakama’s case

MUSDAP HER, J.C.A: (Delivering the Leading Judgment) This is an interlocutory appeal against the Ruling of Ahmed Bima J, Niger State High Court in suit No. NSIIC/SD/N0.2m/33/97 delivered on the 18th of November, 1997. The plaintiff therein filed an action under the undefended list procedure against the defendant claiming the following:- “1. The plaintiff’s claim against the defendant is for the sum of One million, six hundred and seventeen thousand, three hundred and forty seven naira (N1,617,347.00) as money due to plaintiff in respect of various items supplied to defendant by the plaintiff and which said sum the plaintiff have refused to pay.

The plaintiff also claim interest on the said sum of Nl,617,340.00 at the rateof 21% per annum commencing from the 14th day of August 1994, till judgment is delivered and thereafter at the same rate until the entire debt is liquidated.” The writ of summons accompanied byan affidavit of 23 paragraphs deposed to byMr. Frank Umeh, the plaintiff’s…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login