(2011) JELR 46075 (CA)    

Court of Appeal  ·  CA/K/64/2004 ·  10 May 2011 ·  Nigeria
MARY U. PETER-ODILI Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria OBANDE F. OGBUINYA Justice of The Court of Appeal of Nigeria
Core Terms Beta
statement of defence
hearing notice
counter claim
lower court
preliminary objection
learned trial judge
supreme court
first time
decision of the court
ltd. v
provisions of order
writ of summons
act of the defendant
high court of kano state
judgment of the lower court
jurisdiction of court
trite law
appellant bank
application of the learned counsel
briefs of arguments
court of appeal rules
fbn plc v. t.s.a. ind
four-ground of appeal
hearing of this appeal raise objection
issues of fair hearing
leading judgment
leave of this court
place order
premise of this position of the law
respect of the appeal
rule of law
said writ of summons
see madukolu v
support of its counter-claim
take notice
ubn v. umeoduagu

OBANDE F. OGBUINYA, J.C.A. (Delivering the Leading Judgment): In the High Court of Kano State, presided over by Hon. Justice W.A. Umar Rano, the appellant bank filed a specially endorsed Writ of Summons, in suit No. K/389/2001, on 15/06/2001. On the said Writ of Summons, the appellant endorsed its claims for declarations, order and injunction against the respondent. See page 3 of the record.

On being served with the appellant's writ, the respondent entered appearance on 06/07/2001, See page 105 of the record.

Subsequently, respondent filed a statement of defence containing a counter-claim on 22/01/2002 as contained on pages 86 -89 of the record.

Before the lower Court, the matter came up for mention, on 16/06/2003. On that day, the appellant and its counsel were absent. The respondent's counsel prayed the court below to strike out the matter and applied for a date to prove the respondent's counter-claim. The learned trial Judge granted the double-barrelled application and ruled: "Th…

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