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
mrs. lizy anyaonu
rules of court
value of the said car
general cause list
notice of entry of appearance
requisite notice of intention
said sum of n500,000.00
amount of n500,000.00
anambra state of nigeria
appellant file notice of intention
behalf of the respondent
clear disregard of the rules of court
cost of n406,000.00
cumulative number of issues
high court of justice
judgment of izuako
light of the facts of this case
mercedez benz car
mrs lizy anyaonu
order of this honourable court
proliferation of issues
services of a clearing agent
support of the writ of summons
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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