JAMEON (NIG) LTD & ORS
V.
ISA ENGINEERING (NIG) LTD & ANOR

(2018) JELR 39084 (CA)    

Court of Appeal  ·  CA/C/27/2014 ·  22 Mar 2018 ·  Nigeria
CORAM
CHIOMA EGONDU NWOSU-IHEME Justice of The Court of Appeal of Nigeria STEPHEN JONAH ADAH Justice of The Court of Appeal of Nigeria JOSEPH OLUBUNMI KAYODE OYEWOLE Justice of The Court of Appeal of Nigeria
Core Terms Beta
court
jurisdiction
appellants
respondents
writ of summons
legal practitioner
counsel
law
rule
civil procedure
high court
honourable court
lower court
originating process
rules of cross river state
suit no. hc
trial court
chris a. c. ogbogu esq
circumstances of this case
favour of the respondents
first issue
issues
lead judgment
learned trial judge
said judgment
acknowledgment of the supply
anya nwoko v. okoye
chioma egondu nwosu-iheme
claims of the claimants
due process of the law
face of the writ of summons
failure of the judge
following observation
joseph olubunmi kayode oyewole
language of the said rule
laws of the federation of nigeria
leading judgment
mary peter-odili jsc
miscarriage of justice
name of a solicitor
necessary steps
original local purchase order
paras f
peculiar procedure
record of appeal shows
relevant processes
said n6,500,000.00
stephen jonah adah
summary of facts
sum of n6,500,000.00

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): The Appellants were the Defendants at the Court below in the suit filed by the Respondents herein as Claimants under the Undefended List. Judgment was entered against the Appellants in favour of the Respondents by O. I. Itam, J, of the Calabar Division of the High Court of Cross-River State in Suit No. HC/368/2011 delivered on the 16th day of March, 2012. Aggrieved by that decision, the Appellants have appealed against the said judgment.

SUMMARY OF FACTS:

The Appellants issued the Respondents an original Local Purchase Order (LPO) which was admitted at the trial Court as Exhibit 7. The Respondents supplied all items listed in the LPO and the Respondents were issued waybills in acknowledgment of the supply, which were 30 in number and admitted as Exhibits 8 (A1-A30). The Respondents issued the Appellants with sales invoice in replacement of the Waybills, admitted as Exhibit 9. Respondent was then issued two Zenith Bank …

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