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EMPERION WEST AFRICA LTD
V.
AFLON LTD & ANOR

(2014) JELR 36549 (CA)

Court of Appeal 6 Mar 2014 Nigeria
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- The appellant challenged a default judgment entered by the High Court of the Federal Capital Territory against it on June 24, 2005, arguing it was not served with the originating processes (writ of summons, statement of claim, or hearing

Case Details

Suit Number:CA/A/193/2007
Judges:AMIRU SANUSI Justice of The Court of Appeal of Nigeria OFR Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria TINUADE AKOMOLAFE-WILSON Justice of The Court of Appeal of Nigeria
Counsel:Uzoma Azikiwe with Ohireime Eboreime For Appellant Akin Adewale for the 1st Respondent2nd Respondent absent For Respondent

AMIRU SANUSI, OFR J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of the Federal Capital Territory (Coram U. A. Inyang J.) ("The lower court" for short) delivered on the 7th day of July 2008 dismissing the appellant's motion on notice dated 8th September, 2005, wherein the appellant as applicant in the said motion sought among other reliefs before the lower court, an order setting aside the judgment of the lower court earlier delivered on the 25th of June 2005 in the absence of the applicant now appellant.

At the lower court, the first respondent as Plaintiff thereat, took a writ of summons dated 5/2/2004 seeking the undermentioned reliefs:-

a) The sum of N1, 312,723:85 being payment for equipment and services that were not supplied and rendered.

b) The sum of N880, 000:00 being rent of office and employment of 2 officers for 12 months.

c) The sum of N8, 000, 000:00 as general damages for breach of contract, and

d) The plaintiff claims…

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