(1998) JELR 45613 (CA)    

Court of Appeal  ·  CA/E/18M/96 ·  6 Apr 1998 ·  Nigeria
Other Citations
Ebong v. Reicon Co. Ltd (1998) 4 NWLR (Pt.547)
JUSTIN THOMPSON AKPABIO Justice of The Court of Appeal of Nigeria NIKI TOBI Justice of The Court of Appeal of Nigeria EUGENE CHUKWUEMEKA UBAEZONU Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
trial judge
affidavit of the appellants
instance of the appellants
miscarriage of justice
appellate court
issue no.
issue no.4
issue no.5
issues nos
joe effa
lower court
mr. asuquo
sum of n260
characteristic inbuilt reverses
chief r. effa
chief richard efa
close of the address
complete agreement
completion of argument
contrary position
correct decision
counter claim
court case file
general insurance company limited
general rule
henry fajemirokun
high court
ladoke v. olobayo
leading judgment
mr. nta a. nta
much confusion
particular case
steven asuquo esq
submission of counsel
union bank
unsworn testimony of the respondents counsel
valuable litigation time
verbatim ad literatim
wrong thing

TOBI, J.C.A. (Delivering the Leading Judgment): On 13/7/93, the respondent as plaintiff, filed a writ of summons in the Undefended List claiming from the appellants as defendants, jointly and severally the sum of N260, 000.00. On 26/7/93, the appellants filed a Notice of Intention to Defend the Action. The Notice was duly served on the respondent. The case was adjourned to 9/11/93.

The matter came up on 9/11/93. Counsel for the respondent asked for a date for argument. The matter was accordingly adjourned to 2/2/94. On 2/2/94, the matter was again adjourned to 14/3/94, at the instance of the appellants. On 14/3/94, the appellants and their counsel were absent and the matter was again adjourned to 11/4/94. On 11/4/94, both counsel were in court. Counsel for the respondent asked for another adjournment. The matter was again adjourned to 7/6/94.

Both counsel were present in court on 7/6/94. On that day, counsel for the respondent moved the motion. He urged the court to enter judgment in …

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