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MAINS VENTURES LTD.
V.
PETROPLAST INDUSTRIES LTD.

(2000) JELR 43997 (CA)

Court of Appeal 18 Jan 2000 Nigeria
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- The respondent (plaintiff in the trial court) claimed N5,657,610 as outstanding price for supplied PVC materials, plus interest, under a summary judgment procedure in the Lagos High Court; the appellant entered an appearance but did not f

Case Details

Suit Number:CA/L/53/97
Judges:ATINUKE OMOBONIKE IGE Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria IFEYINWA CECILIA NZEAKO Justice of The Court of Appeal of Nigeria
Counsel:Chief Charles Adogah (with him, David Odde, Esq.) For Appellant Chief J. I. O Ojeleke (with him, D. O. Ojo, Esq.) For Respondent
Other Citations:(2000) 4 NWLR (Pt. 651) 151, Mains Ventures Ltd. v. Petroplast Ind. Ltd. (2000) 1 NWLR (Pt.651)

NZEAKO, J.C.A. (Delivering the Leading Judgment): The respondent in this appeal was the plaintiff in the court below. He claimed by his writ of summons taken out on 15th August,1995, the sum of N5,657,610 said to be outstanding prices of 39.018 metric tons of PVC materials supplied by the plaintiff to the defendant, interest at 21% from 9/6/95 till payment was also claimed.

Processes served, the defendant who is appellant herein entered an appearance by Memorandum of Appearance filed on 22/8/95, but filed no defence.

By a summons for judgment pursuant to Order 10 Rules 1 and 2 of the High Court of Lagos Civil Procedure Rules, the plaintiff applied for final judgment against the defendant. This was filed on 27/9/95. The defendant, who had not filed a defence, filed a counter affidavit in reaction to the summons for judgment and a proposed statement of detence.

In the course of time, the hearing of the summons for judgment commenced.

Learned Counsel for the plaintiff' Mr. Ojeleke made …

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