Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



DUKE
V.
AKPABUYO L. G.

(2005) JELR 45204 (SC)    

Supreme Court  ·  SC.128/2001 ·  16 Dec 2005 ·  Nigeria
 · 
Other Citations
Duke v. Akpabuyo L. G. (2005) 19 NWLR (Pt.959) 130
Duke v. Akpabuyo L. G. (2005) 19 NWLR (Pt. 959) 130
CORAM
SALIHU MODIBBO ALFA BELGORE JSC AKINTOLA OLUFEMI EJIWUNMI JSC IGNATIUS CHUKWUDI PATS-ACHOLONU JSC ALOMA MARIAM MUKHTAR JSC IKECHI FRANCIS OGBUAGU JSC

Ratio Decidendi

Core Terms Beta
respondent
appellant
judgment
irregularity
miscarriage of justice
writ of summons
inter alia
court of appeal
lead judgment
said judgment
hearing date
installment payment
judgment of the court
rules of the court
judgment of the high court
learned trial judge
service of a writ of summons
administration of justice
appellant of the sum
argument of the learned counsel
belgore jsc
clear days
contention of the learned counsel
contract of bulldozing
cross river state high court
decision of the court of appeal
discharge of the order of garnishee
enrolled order
enrolled order of the high court
facts of this case
hearing of the case
imo state environmental sanitation authority
judgment of the court of appeal
judgment order
leading judgment
matters of procedural irregularity
mere matter of form
motions viz
mr. g. o. duke
nature of rules of the court
party applying
proposition of the law
reasonable time
respect of procedures
said date
settled principle
such unedifying behaviour
totality of the above supreme court decisions


PATS-ACHOLONU, J.S.C. (Delivering the Leading Judgment): The appellant as a plaintiff had instituted a suit against the respondent claiming a sum of ₦150,000.00 for work executed for the respondent but which despite repeated demands was not paid. The action was placed on the undefended list. Judgment was thereafter given to the appellant as the respondent for reasons best known to it refused or failed to file an intention to defend the suit. After the judgment was delivered, the respondent filed two motions viz:- one seeking for installment payment and, surprisingly another to set aside the judgment. Curiously enough, it admitted owing the appellant of the sum claimed in its affidavit for installment payment. It then made a sort of summersault and withdrew the two motions. The matter did not end there as it applied to the Court of Appeal for leave to appeal against the decision stating that the judgment of the High Court was a nullity because as it contended, the writ of summons was s…

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