(2007) JELR 45734 (CA)    
Court of Appeal  ·  CA/A/162/2005 ·  31 Jul 2007 ·  Nigeria
Other Citations
N.I.W.A. v. S.T.B. Plc (2008) 2 NWLR (Pt. 1072) 483
RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria MARY U. PETER-ODILI Justice of The Court of Appeal of Nigeria CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria
Core Terms Beta
notice of preliminary objection
abuse of process
senior counsel
learned trial court
abuse of court process
favour of the appellant
lower court
preliminary objection
undefended list
appellate court
judicial authorities
learned counsel
learned senior counsel
learned trial judge
notice of intention
statement of claim
subject matter
alleged abuse of court process
anambra state
cross appeal
federal high court
judicial notice of its own proceedings
learned appellants counsel
mere academic exercise
preliminary objection of the respondent
respect of issue
right of plaintiff
above terms
abuse of jurisdiction
basis of a first demand bank guarantee
comparative law of security
determination of suit no. fhc
following issues
hearing of the notice of intention
law of guatantee 4th edition
leading judgment
matter carne
paragraph affidavit
proper transfer
ruling of the federal high court abuja division
ruling of the trial judge of 21st day
subject matter jurisdiction
sum of n557,305,217.70
support of the application
view of the evidence
virtue of the bank guarantee

CHIDI NWAOMA UWA, J.C.A. (Delivered the Leading Judgment): This is an appeal against the Ruling of the Federal High Court Abuja Division delivered on the 21st day of July, 2005.

The Appellant sued the Respondent in the lower Court for the sum of N557,305,217.70 (Five Hundred and Fifty Seven Million, Three Hundred and Five Thousand, Two Hundred and Seventeen Naira, Seventy Kobo) being the amount due and outstanding to the Appellant by virtue of the bank guarantee issued by the Respondent in favour of the Appellant and interest thereon as per the writ of summons and Statement of claim at page5 3-8 of the printed records.

The appellant by a motion ex parte supported by a 17 paragraph affidavit wherein it was deposed that the respondent had no defence to the action. The lower Court thereafter subsequently placed the suit on the undefended list and the writ of Summons was so marked. When the matter carne up for argument on 15/6/05 a Notice of Intention to Defend and an affidavit had been f…

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