(2002) JELR 44720 (CA)    

Court of Appeal  ·  CA/E/117/2001 ·  9 Jul 2002 ·  Nigeria
Other Citations
Ekeiloanya v.Anyaonu [2003] 7 NWLR (Pt.819)259
Ekeiloanya v. Anyaonu (2003) 7 NWLR (Pt. 819) 259
EUGENE CHUKWUEMEKA UBAEZONU Justice of The Court of Appeal of Nigeria JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
notice of intention
triable issue
mrs. lizy anyaonu
rules of court
exhibit a
said car
trial court
value of the said car
anambra state
general cause list
notice of entry of appearance
requisite notice of intention
said sum of n500,000.00
3rd issues
amount of n500,000.00
anambra state of nigeria
appellant felt
appellant file notice of intention
behalf of the respondent
clear disregard of the rules of court
cost of n406,000.00
covenanted sum
cumulative number of issues
first time
given case
high court of justice
judgment of izuako
leading judgment
light of the facts of this case
mercedez benz car
mrs lizy anyaonu
order of this honourable court
own agent
plaintiff claims
proliferation of issues
reasonable time
services of a clearing agent
support of the writ of summons
trial judge
undefended list procedure
whole decision of the trial judge

FABIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Izuako, J, sitting at the High Court of Justice, Ogidi, in Anambra State of Nigeria, on 14th November, 2000.

As filed at the trial court, the plaintiff/respondent's claims can be found in paragraph 12 of the 'CLAIM' which accompanied the writ of summons specifically, placed under the undefended list procedure. The claims read thus:-

"12. WHEREFORE the plaintiff claims against the defendant as follows:-

(a) The amount of N500,000.00 (five hundred thousand naira only) being the sum covenanted by the defendant as representing the value of the said car.

(b) Interest at the rate of 21% per annum on the said sum of N500,000.00 from 1st October, 1999, until judgment is delivered and thereafter, until the entire sum is paid up."

The plaintiff deposed to an affidavit of 14 paragraphs in support of the writ of summons. It is apt to reproduce paragraphs 2-11 of the affidavit as they have direct impact on …

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