(2016) JELR 45858 (CA)    

Court of Appeal  ·  CA/OW/2O1/2014 ·  4 Jul 2016 ·  Nigeria
RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria FREDERICK OZIAKPONO OHO Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
undefended list
writ of summons
order of court
extension of time
statement of claim
statement of defence
arbitration clause
list of witnesses
civil procedure
high court
contract agreement
list of documents
said processes
cross examination
denial of fair hearing
trial of this case
j.c. ibe
light of the arbitration clause
motion exparte
applicants counsel
bayero vs maina sara
denial of appellants of fair hearing
exhibit e
favour of the respondents
general provisions
imo state
judgment of imo state high court
leading judgment
learned judge
leave of this court
marwa vs nyako
nigeria supplies
okadigbo vs emeka
party files application
perculiar procedure of commencement of the matter
refuse bags
said rules
said suit
second application
sons ltd
suit no. hu
udeaja vs nwosu
writ of summons fails

ITA GEORGE MBABA J.C.A. (Delivering the Leading Judgment): This appeal emanated from the judgment of Imo State High Court in Suit No. HU/538/2011, delivered on 11/2/2014 by Hon. Justice Ijeoma Agugua, wherein the learned judge entered Judgment for the claimants, as per their claims. Appellants, who were defendants at the trial Court, being aggrieved, filed this appeal on 7/5/2014, as per their Notice of appeal, challenging the judgment, on pages 173 to 176 of the Records of Appeal.

The Claimants (now Respondents) had filed a writ of summons on 27/9/2011, seeking the same reliefs. On the same date, they filed a motion exparte praying for an order setting down the suit under the undefended list and deeming the writ of summons (Exhibit E) as duly filed and served, the filing fees having been paid. On 25/10/2011, the trial Court refused the application to place the matter on the undefended list, and ordered the claimant to filed their statement of claim and front load accordingly. The Defe…

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