(2007) JELR 45803 (CA)    

Court of Appeal  ·  CA/IL/49/2005 ·  5 Feb 2007 ·  Nigeria
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria JUMMAI HANNATU SANKEY Justice of The Court of Appeal of Nigeria IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria
Core Terms Beta
local government law
trial court
learned trial judge
limitation law
local government
special provision
learned counsel
general rule
undefended list
general cause list
grounds of appeal
leave of court
high court
notice of intention
provision of section
said law
supreme court
agricultural loan
briefs of argument
contract of marine insurance
finding of the supreme court
own part
plea of statute of limitation
salaries of the respondents
special provisions
trial of this suit raise
virtue of section
cases of kumusuonye michael v
edozie jsc
face of the provision of section
following issues
fresh points of law
general principle
government of oyo state
issue of agricultural loan
issue of the applicability of the provision
laws of kwara state cap
leading judgment
own words
pursuance of the rules of this court
repealed provision
repeal of the provisions of the earlier statute
support of the appellant
triable issues

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This appeal is predicated on the Judgment of Honourable Justice J. F. Gbadeyan of the Kwara State High Court, Ilorin delivered on 30th June, 2005.

The Respondents, as Plaintiffs, filed a suit under the "Undefended List" Procedure against the Defendants, now Appellants, on the 28th April, 2005. Therein they claimed the total sum of N25, 767,174.81k plus 10% of the total sum until the Judgment sum is finally liquidated. The principal sum claimed was said to represent the salaries of the Respondents from June, 1999 to November, 2000, May 2001 to December 2001 and January 2002 to May 2002. Approved furniture allowances and severance gratuities were also included in this claim.

The Writ of Summons containing the Plaintiffs' claim was supported by an affidavit and exhibits. Upon being served the summons, the Appellants filed a Notice of intention to defend the suit accompanied by an affidavit and supported by exhibits.

The tri…

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