(1997) JELR 45385 (CA)    
Court of Appeal  ·  CA/K/86/93 ·  9 Jun 1997 ·  Nigeria
Other Citations
Kenlink Holdings Ltd. v. R.E. Invest. Ltd. (1997) 11 NWLR (Pt.529)
Kenlink Holdings Ltd. v. R.E. Invest. Ltd. (1997) 11 NWLR (Pt. 529) 438
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
learned trial judge
2nd defendants
sum of n63,168.00
civil procedure
statement of claim
statement of defence
judgment of the lower court
joint statement of defence
lower court
trial judge
kano state high court
present case
sum of n142,290.00
admission of liability
alleged admission
favour of the 1st respondent
notice of appeal
rules of this court
1st appellant
absence of such notice
balance of n77,000.00 of the claim
case of atuyeye v
cash advance of n187,000.00
circumstances of this case
clear admission of the sum
final judgment
finance company
following conditions
following order
formal agreement
given case
grounds of appeal
high court of justice kano state
leading judgment
leave of the lower court
notice of intention
outstanding balance of a short term loan
peculiar facts of this case
proper exercise of the power of that court
short term loan of n187
state of pleadings of the parties
total advance amount

MOHAMMED, J.C.A. (Delivering the Leading Judgment): By a writ of summons dated 27/3/91 filed at the High Court of Justice Kano State at Kano, the 1st respondent as plaintiff claimed against the appellants who were 1st and 2nd defendants respectively the sum of N142,290.00 being the outstanding balance of a short term loan advanced to the 1st appellant. However, before the undefended suit could come up for hearing on the return date, the appellants had filed their notice of intention to defend the action which necessitated the action being transferred to the ordinary cause list for hearing.

Consequent upon this development, pleadings were dully filed and exchanged between the parties. Before the case proceeded to hearing on the merits, learned counsel to the plaintiff filed a motion on notice pursuant to ORDER 30 RULE 3 OF THE KANO STATE HIGH COURT (CIVIL PROCEDURE) RULES, 1988 asking for judgment in the sum of N63,168.00 said to have been admitted by the defendants in their joint stat…

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