(2001) JELR 44360 (CA)    

Court of Appeal  ·  CA/L/11/2000 ·  14 Feb 2001 ·  Nigeria
Other Citations
Delta State Govt v. Okon (2002) 2 NWLR (Pt.752)665
Delta State Government v. Okon (2002) 2 NWLR (Pt. 752) 665
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Court of Appeal of Nigeria AMIRU SANUSI Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
notice of preliminary objection
writ of summons
statement of claim
undefended list procedure
affidavit of service
good reasons
set aside
support of the application
trial court
appellate court
attorney-general of delta state
civil procedure
constitutional provision
default of appearance
delta state
final judgment
honourable court
honourable court lacks jurisdiction
learned trial judge
triable issue
appellate jurisdiction
bailiff of the high court of justice
case file
combined provisions of order v rule
following cases
high court of lagos
high court of lagos state rules
judgment debt
judgment of the trial court
lagos high court
lagos state high court civil procedure rules
laws of the federal republic of nigeria
leading judgment
medical services
provisions of order v rule
respect of execution of court
service of the application
such jurisdiction
suit no.ld
summary judgment

OGUNTADE, J.C.A. (Delivering the Leading Judgment): At the Lagos High Court in suit No.LD/2356/99, the respondent was the plaintiff. He claimed from the appellant for the sum of N3,410,000.00 being professional charges for the medical services rendered to the defendant in the treatment of its employees between February, 1995 and September, 1997. The writ of summons issued by the respondent was specially indorsed with and accompanied by a statement of claim pursuant to Order 10 rule 3 of the Lagos State High Court Civil Procedure Rules.

The writ of summons and statement of claim were served on the appellant. Later the respondent brought an application for final judgment in the said sum of N3,410,000.00 in default of appearance and statement of defence. A bailiff of the High Court of Justice, Asaba, Delta State who claimed to have effected service of the application and affidavit deposed to an affidavit of service to the effect that the appellant was served with the process on 11/10/99.…

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