(2018) JELR 38874 (CA)    

Court of Appeal  ·  CA/B/176/2015 ·  17 May 2018 ·  Nigeria
PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria MOORE ASEIMO ABRAHAM ADUMEIN Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria
Core Terms Beta
undefended list
trial court
writ of summons
notice of intention
undefended list procedure
high court
civil procedure
favour of the respondent
23rd day of february
circumstance of the particular case
fair hearing
hearing date
learned trial judge
respect of a claim
sole issue
constitution of the federal republic of nigeria
facts of the case
return date
suit no. b
appellants counsel
bendel state high court
benin city
brief learned counsel
case of c.b.n. vs. okojie
case of i.g.p. vs. fayose
case of madukolu
case of u.t.c. v. pamotei
civil procedure rules
final analysis
following reliefs
good defence
hearing file
judgment of the edo state high court
leading judgment
learned counsel
nscc page
onuorah v. kaduna r.p.c.
ors v. nkemdilim
part of the appellant vide
payment of the sum of n3,195,784.94
plaintiffs application
rules of bendel state
said sum of n3,195,784.94
ss kuru vs. sunday oha
support of this argument
trial judge

PHILOMENA MBUA EKPE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Edo State High Court sitting in Benin City delivered by Hon. Justice F.O. Akinbami on the 23rd day of February, 2010 wherein the learned trial Judge gave judgment in favour of the Respondent (who was the claimant) in Suit No. B/27/2017.

The facts of the case briefly stated are as follows:

The Respondent, by a Writ of summons against the Appellant through an ex-parte motion under the undefended list procedure filed on the 19th January, 2010 prayed for the following reliefs:

An order for the payment of the sum of N3,195,784.94 (three million, one hundred and ninety five thousand seven hundred and eighty four naira, ninety four kobo) only, being the outstanding amount owed the Respondent from the contract sum entered into between the Respondent and Appellant on the part of the Appellant vide the form of payment certificate dated 25th day of May, 2007.

An order for the appellants jointly …

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