(2002) JELR 44549 (CA)    

Court of Appeal  ·  CA/B/164/98 ·  24 Jan 2002 ·  Nigeria
Other Citations
Chevron (Nig.) Ltd. v. Warri North L.G.C. [2003] 5 NWLR (Pt.812)28
Chevron (Nig.) Ltd. v. Warri North L.G.C. (2003) 5 NWLR (Pt. 812) 28
RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria SAKA ADEYEMI IBIYEYE Justice of The Court of Appeal of Nigeria KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
undefended list
undefended list procedure
writ of summons
delta state
welter of legal authorities
only option
circumstance of this case
hearing notice
order granting leave
warri judicial division of the high court of justice
assistant chief registrar
following order
s. o. ataikiru
trial court
1st day of april
application ex-parte
bendel state
circumstance of the case
circumstances of any given case
court lack jurisdiction
delta state high court
enter judgment
following grounds
grave error
high court of justice
high court of justice of lagos state
honourable court
leading judgment
local government area
local government law
notice of defence
own issue
parte motion
part of the learned trial judge
property of the defendant
rules of court
said judgment
set aside ex debito justititae
sum of n14,559,693.60

ROWLAND, J.C.A. (Delivering the Leading Judgment): This appeal is by the defendant, against the judgment and ruling of Akpiroroh, J. (as he then was), sitting at Warri Judicial Division of the High Court of Justice, Delta State.

The plaintiff's claim as endorsed on the writ of summons filed on 15th July, 1994, is as follows:-

"1. A declaration that the plaintiff is entitled to charge, collect and enforce the payment of rates on defendant's hereditaments, located within Warri North Local Government Area for the year 1993, pursuant to the mandatory provisions of "The Delta (formerly Bendel State) Local Government Law, 1980, Rating Provisions (Date of corning into force) Order, 1982".

2. An order mandating the High Court's Sheriffs, bailiffs and any other person or persons acting on their behalf to enter into the defendant's premises and destrain the chattels and property of the defendant, for its failure to pay or appeal against the sum of N14,559,693.60, being the 1993 rate and surcha…

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