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(2001) JELR 44352 (CA)    

Court of Appeal  ·  CA/C/51/2000 ·  20 Nov 2001 ·  Nigeria
Other Citations
Essang v. Aureol Plast. Ltd. (2002) 17 NWLR (Pt.795)155
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

Ratio Decidendi

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EKPE, JCA (Delivering the Leading Judgment): This is an appeal by the plaintiff/appellant against the ruling of Bassey, J., sitting at Uyo in the Uyo Judicial Division of the High Court of Akwa Ibom State, delivered on the 3rd day of June, 1999 in suit No. HU/341/97. The suit was filed or commenced at Uyo High Court under the undefended list procedure by virtue of Order 23 of Akwa Ibom State High Court (Civil Procedure) Rules, 1989. Later, the suit was transferred to the ordinary cause list pursuant to Order 23 rule 3(2) of Akwa Ibom State High Court (Civil Procedure) Rules, 1989 for hearing and determination, and pleadings were accordingly ordered by the learned trial Judge to be filed by the parties. Consequently, pleadings were filed and exchanged by the parties. In paragraph 22 of the statement of claim, the plaintiff/appellant claimed against the defendants/respondents jointly and severally as follows:

"Wherefore, the plaintiff claims against the defendants jointly and severally …

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