(2002) JELR 44701 (CA)    

Court of Appeal  ·  CA/E/83/2001 ·  6 May 2002 ·  Nigeria
Other Citations
Jonpal Ltd. v. Afribank (Nig.) Ltd. [2003] 8 NWLR (Pt.822) pg. 290
JUSTIN THOMPSON AKPABIO Justice of The Court of Appeal of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
default judgment
2nd issue
court processes
order nisi
second schedule
set aside
trial court
favour of the appellant
first issue
judgment creditor
jurisdiction of the lower court
statutory fees
suit no. e
trial judge
absence of the applicant
abuse of process
aforementioned court processes
brief facts of the case
decision of justice k. n. udeh of the enugu state high court
decree nisi
execution of a void judgment
fact of the payment of the fees
federal high court enugu
filing of actions
following orders
further order
high court enugu
high court registry enugu
high court rules
home court
judgment of the federal high court of nigeria
judgment of this court
jurisdiction of the trial court
leading judgment
mean time
necessary filing fees
order of extension of time
purpose of the instant appeal
subject matter
undermentioned orders

M.D. MUHAMMAD, J.C.A. (Delivering the leading Judgment): This is an appeal against the decision of Justice K. N. Udeh of the Enugu State High Court, sitting at Enugu delivered on 7th May, 2001. By the decision, the lower court dismissed the plaintiff/appellant's preliminary objection challenging the jurisdiction of the lower court entertaining the defendant's/respondent's application to set aside it's judgment given in favour of the appellant as plaintiff against the respondent then being the defendant. Henceforth, the parties will be referred to simply as appellant and respondent respectively.

The brief facts of the case which brought about the appeal are hereunder supplied.

The appellant initiated a writ and claim in suit No. E/74/2000 at, the lower court seeking, inter alia, certain declaratory reliefs, special and general damages against the respondent. By a motion on notice dated 23/3/2000, the appellant prayed the court for an order entering judgment in his favour against the re…

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