JOHN HOLT AND CO. (LIVERPOOL) LTD.
V.
HENRY FAJEMIROKUN

(1961) JELR 80379 (HC)    

High Court  ·  Suit No. LD/249/1961 ·  26 Jun 1961 ·  Nigeria
 · 
Other Citations
(1961) All N.L.R. 513
CORAM
Lambo, J.
Core Terms Beta
affidavit
defendant
paragraph
plaintiffs
order iii
rule
judgment
amount
notice
disputes
favour of the plaintiffs
grounds of his defence
lord blackburn
mutual society
paragraphs
plaintiffs of failure
states
writ of summons
5th june
affidavit of intention
allegation of fraud
august 20th
behalf of the defendant
civil procedure
copy of the letter
defendant henry fajemirokun
defendant must file
defendant neglects
exhibit a
extent of definite facts
faithful account of their dealings
final judgment
general list
high court
last paragraph of that letter
last preceding rule
laws of nigeria
lord selborne
matter
none of the paragraphs
purported attempt
report
rules
said rule
single material fact
statement of account
such case
support of the claim
written demand


Lambo, J(reading the judgment) :-This is an action to recover a liquidated sum of £9,763-18s-4d and, upon an application under Order III, rule 9 the High Court (Civil Procedure) Rules, Cap. 211 of the 1948 Laws of Nigeria, for liberty to sign final Judgment for the amount endorsed on the writ. To the Affidavit in support of the claim is attached a Statement of Account. The period covered by the account is 8th October, 1958 to 30th November, 1960.

The defendant Henry Fajemirokun was duly served with the writ of summons and Affidavit and, on the 5th June, 1961, filed an Affidavit which is headed "Affidavit of Intention to Defend" in a purported attempt to comply with Order III, rule 11 which provides as follows:

If the party served with the writ of summons and Affidavit delivers to the Registrar, not less than five days before the day fixed for hearing, a notice in writing that he intends to defend the suit, together with an Affidavit setting out the grounds of his defence, then and in su…

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