(1997) JELR 45506 (CA)    

Court of Appeal  ·  CA/K/190/M/94 ·  6 Nov 1997 ·  Nigeria
Other Citations
Nigerian Breweries Plc. v. Ajah (1997) 11 NWLR (Pt.530)
Nigerian Breweries Plc. v. Ajah (1997) 11 NWLR (Pt. 530) 683
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria ATINUKE OMOBONIKE IGE Justice of The Court of Appeal of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
notice of intention
undefended list
return date
writ of summons
civil procedure
supreme court
grounds of appeal
present case
time limit
bauchi meat products ltd.
kaduna state high court
records of proceedings of the lower court
set aside
standard bank
suit no. kdh
trial judge
27th day of may
cartons of empty bottles of guilder
cases of uba kana v
cost of loading
date of delivery
entire judgment
final analysis
hearing of the suit
judgment of the kaduna high court
kaduna state
leading judgment
new trial
outstanding balance of n49,939.71k
plaintiffs claim
relevant procedural rules of court
said judgment sum of balance of n49,939.71
sum of n1,158,239.50
supreme court case
trial court
undefended list case
view of the fact
view of the provisions of order
whole judgment sum

IGE, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the Kaduna High Court in Suit No. KDH/KAD/325/94. In the court below, the respondent as the plaintiff filed a writ of summons on the undefended list claiming against the defendant/appellant as follows:-

"The plaintiffs claim against the defendant is for the sum of N1,158,239.50 being the cost of loading and offloading of empties and the price of empties - cartons of empty bottles of Guilder, Star, Maltina and Legend worked out in and with the defendant's Memo Ref. No. 4/9/469 dated 28th October, 1993. These cartons of empty bottles were personally returned by the plaintiff to the defendant on 24th August, 1993, 17th November, 1993, 24th November, 1993, and 15th December, 1993.

The plaintiff has on several occasions demanded for payment for these empty cartons (empties) returned but the defendant has refused, failed and or neglected to pay.

Interest at the rate of 30% from the date of delivery mont…

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