(2006) JELR 51175 (CA)    

Court of Appeal  ·  CA/B/208/2004 ·  13 Dec 2006 ·  Nigeria
Core Terms Beta
undefended list
general cause list
1st defendant
learned trial judge
lower court
affidavit evidence
sum of n180,000.00
notice of intention
writ of summons
2nd appellant
grounds of appeal
lead judgment
1st appellant
trial court
valid contract
alleged contract
following issues
particulars of error
statement of defence
annexed notice of intention
appellate court
application of such rules
best fit
claim of the respondent
contract of employment of the respondent
court vide notice ofappeal
exhibit a.
following grounds
genuineness of his claims
groundsof appeal
hearing of this appeal
issue of proper interpretation of the documents
issue of the agency of the 2nd appellant
learnedtrial judge’s admission
order of the court
question of agency of the 2nd appellant
respective learned counsels
rules of our appellate procedure
rules of this court
said date
said motion
staff of the defendant company
state of the affidavit evidence
support of the writ of summons
view of the strong denials of exhibits

BULKACHUWA JCA (Delivering the Lead Judgment): By a writ of summons dated and filed on the 22/3/2004, the respondent as the plaintiff before the trial court claimed against the appellants/defendants jointly and severally the sum of N180,000.00 (one hundred and eighty thousand naira) only, beingthe sum due and owed to the plaintiff which sum the defendants had refused to pay in spite of repeated demands.

By a motion ex parte which was moved and heard by the trial court on the 7/4/2004, the court granted leave that the suit be entered in the undefended list.

Upon beingserved with the writ and the order placingthe suit on the undefended list, the defendants by a motion dated and filed on the 21/5/ 2004 prayed for an order of the court extending the time within which the defendants may file their notice of intention to defend and a deeming order on the annexed notice of intention to defend. The court heard the said motion on the 2/6/2004 and granted the relief sought and adjourned the m…

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