INTEGRATED BUILDERS
V.
DOMZAQ VENTURES NIGERIA LTD.

(2004) JELR 45054 (CA)    

Court of Appeal  ·  CA/I/99/2000 ·  6 Jul 2004 ·  Nigeria
 · 
Other Citations
Integrated Builders v. Domzaq Vent. (Nig.) Ltd. (2005) 2 NWLR (Pt.909)67
Integrated Builders v. Domzaq Vent. (Nig.) Ltd. (2005) 2 NWLR (Pt. 909) 97
CORAM
SAKA ADEYEMI IBIYEYE Justice of The Court of Appeal of Nigeria VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
writ of summons
grounds of appeal
1st defendant
trial court
mrs. abiodun bakare
undefended list
service
defendants
learned counsel
principal officer
service of process
set aside
learned trial judge
lower court
preliminary objection
accompanying affidavit
instant appeal
limited liability company
mrs. bakare
written agreement
absence of the defendants
high court
leading judgment
notice of intention
single issue
supporting affidavit
2nd day of march
address of the learned counsel
affidavit of service of any court process
affidavit of service of the process
affidavit of the bailiff
appellate court
determination of the appeal
fair hearing
following issues
following reliefs
form of local purchase order
given time
managing director of the plaintiff
name of an officer
paragraph affidavit
paragraph counter-affidavit
paragraphs of the counter-affidavit read
said grounds of appeal
said processes
said sum of n422,000.00
such person
view of the foregoing judgment

IBIYEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Kolade, J. of Ibadan Judicial Division of the Oyo State High Court of justice delivered on the 2nd day of March, 1993.

The ruling is sequel to a judgment based on a writ of summons taken out against two defendants with an accompanying affidavit dated 17th day of June, 1993, setting out the grounds upon which the claim therein (the writ of summons) is based. The claim endorsed on the writ of summons is as follows:

"The plaintiff's claim against the defendants is for:

1. The sum of N422,000.00 (Four hundred and twenty-two thousand Naira) being the cost of the electrical cables supplied to the defendants which fell due for payment on February, 1993 and which the defendants have not paid despite repeated demands.

2. Interest on the said sum of N422,000.00 (Four hundred and twenty-two thousand Naira) at the rate of 15% per month from 20th February, 1993, until payment."

The trial court in the absence…

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