(2001) JELR 44250 (CA)    

Court of Appeal  ·  CA/C/52/99 ·  21 Nov 2001 ·  Nigeria
Other Citations
Ebong v. Ikpe (2002) 17 NWLR (Pt.797)504
Ebong v. Ikpe (2002) 17 NWLR (Pt. 797) 504
DENNIS ONYEJIFE EDOZIE Justice of The Court of Appeal of Nigeria OKWUCHUKWU OPENE Justice of The Court of Appeal of Nigeria SIMEON OSUJI EKPE Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
undefended list
affidavits of the parties
general cause list
notice of intention
oral evidence
sum of n400,000.00
writ of summons
friendly loan
accompanying affidavit
rules of court
trial court
weight of evidence
affidavits of both parties
akwa ibom state high court
appellant ought
civil procedure
autopak nigeria limited
brief of argument
conversion of paper
defendant leave
favour of the plaintiff
ruling of the learned trial judge
suit no. hu
accompanying affidavit of the respondent
application of the respondent
briefs of argument
considered opinion of the judge
defence of the suit
determination of the case
finding of the learned trial judge
issues no.
leading judgment
legal principle
manila board file jackets
paper products
plaintiff claims
registered money lender
requirements of order
said sum
support of the claim

EKPE, J.C.A. (Delivering the Leading Judgment): The respondent in this appeal was the plaintiff in the Uyo High Court of Akwa Ibom State in suit No. HU/UND.306/98, the subject-matter of the appeal. He had sued the defendant now appellant claiming in the writ of summons as follows:

"The plaintiff claims against the defendant the sum of N400,000.00 (Four hundred thousand naira) being sums (sic) owed the plaintiff by the defendant as at June 2, 1996 with interest thereon at 21% per annum from 25th June, 1996 till judgment, thereafter at 10% until final liquidation thereof."

The respondent swore to an affidavit in support of the claim and the suit was on the application of the respondent placed under the undefended list for hearing. Upon service of the writ of summons on the appellant together with the accompanying affidavit of the respondent, the appellant filed notice of intention to defend the suit together with an affidavit disclosing his defence on the merit with exhibits 1 to 4.

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