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EZEMBA
V.
IBENEME

(2004) JELR 45110 (SC)    

Supreme Court  ·  SC.142/2000 ·  2 Jul 2004 ·  Nigeria
 · 
Other Citations
Ezemba v. Ibeneme (2004) 14 NWLR (Pt.894) 617
CORAM
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
respondents
appellant
evidence
appeal
court of appeal
evidence act
learned trial judge
amended statement of claim
cyril ikechukwu attah
trial
burden of proof
sunday ugwu
leading judgment
quantity of goods
calm view of the pleadings
civil cases
full consideration of the issues
judgment of the court of appeal
law of evidence
learned justices of the court of appeal
material time
quantity of cables
consignments of electrical materials
date of judgment
metres of aluminium conductor cable
proof of the delivery of the goods
site manager of the defendant
such evidence
above averments
agree quantity
briefs of argument
determination of the appeal
evidence of delivery of the remaining quantity
facts of the case
findings of fact of a trial court
following cases
following issues
further appeal
high court of anambra state
judgment of the court
judgment of the trial high court
learned counsel
leave of court
mm aluminium conductor cables
oral address
provisions of the evidence act
said amount
unanimous decision

EDOZIE, J.S.C. (Delivering the Leading Judgment): The respondents as plaintiffs commenced an action in the High Court of Anambra State sitting at Onitsha against the appellant as defendant under the undefended list procedure but following a notice of intention to defend filed by the appellant, the suit was transferred to the general cause list for trial upon pleadings. The parties accordingly filed and exchanged pleadings. The plaintiffs/respondents subsequently with the leave of court, filed an amended statement of claim wherein they claimed against the defendant/appellant in paragraph 31 thereof as follows:

"1. ₦440,000.00 (Four hundred and forty thousand naira) being the balance owed by the defendant to the plaintiffs.

2. Interest on the said amount at the rate of 4% (Four percent) from the date of judgment until the entire sum is liquidated."

At the trial, parties led evidence in support of their respective pleadings. The two plaintiffs testified, respectively, as P.W.1 and P.W.3…

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