(2015) JELR 51060 (CA)    

Court of Appeal  ·  CA/K/441/2014 ·  30 Oct 2015 ·  Nigeria
ISAIAH O. AKEJU JCA (Presided and Read the Lead Judgment) H.A.O. ABIRU JCA
Core Terms Beta
notice of intention
undefended list
record of appeal
trial court
lower court
learned counsel
learned trial judge
fair hearing
kano state high court
lead judgment
appellant’s motion
appellate court
civil procedure
court’s file
suit no. k
court processes
isaiah olufemi akeju jca
set aside
akeju jca
appropriate court’s file
appropriate time
attention of court
claim of the respondent
cost of the action
customer of the respondent
decision of the high court of kano state
defence a
due service of court processes
evidence show
file of the trial court
filing receipt
forissuance of writ of summons
good reason
grounds of appeal incommencement of the instant appeal
hearing of the appeal
high court rules of kano state
instant case shows
notice of appeal
prayers of the applicant
processes of the court
sum of n12,384,200.00
support of the writ of summons
whole judgment sum
written address of counsel

AKEJU JCA (Delivering the Lead Judgment): This appeal is against the decision of the High Court of Kano State, holden at Kano dated 21 November 2013 in suit No. K/461/13, wherein Honourable Justice Ibrahim Umar entered judgment for the plaintiff in the sum of N12,384,200.00 (twelve million, three hundred and eighty-four thousand, two hundred naira) with interest at the rate of 10% against the defendant until the whole judgment sum is fully liquidated. Dissatisfied with the judgment, the defendant in the suit, Alhaji Samaila Jega now called the appellant filed a notice of appeal dated 30 January 2014, with two grounds of appeal incommencement of the instant appeal.

The respondent as the plaintiff at the Kano State High Court (the trial court) initiated the action through the motion dated 23 September 2013 but filed on 24 September 2013, under Order 23 of Kano State High Court (Civil Procedure) Rules, forissuance of writ of summons to be placed for hearing under the undefended list and…

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