KWARA STATE MIN. OF HEALTH
V.
M. I. ELECTRICAL ENT.

ABDULLAHI JCA (Delivering the Lead Judgment): This is an appeal against the decision of the Kwara State High Court of Justice, coram. Gbadeyan J., delivered on 20 November 2007 wherein the learned trial Judge overruled the preliminary objection brought by the appellants and consequently entered judgment in favour of the respondent; the appellants having conceded that they are indebted to the respondent (claimant) and are, therefore not contesting the amount as claimed by the respondent.

The learned trial Judge held inter alia as follows: “In his reply, Mrs. Abdulrahaman conceded that they are indebted to the claimant and are therefore not contesting the amount as stipulated by the claimant. I am satisfied that there is no iota of dispute to be referred to any arbitrator in this matter. The objection is, therefore overruled. In the absence of any defence, judgment is accordingly entered for claimant as per the writ of summons.” Dissatisfied with the decision of the learned trial c…