(2021) JELR 108959 (CA)    
Court of Appeal  ·  CA/J/334/2019 ·  3 Nov 2021 ·  Nigeria
Adzira Gana Mshelia Justice of the Court of Appeal Mudashiru Nasiru Oniyangi Justice of the Court of Appeal Boloukuromo Moses Ugo Justice of the Court of Appeal

MUDASHIRU NASIRU ONIYANGI, J.C.A. (Delivering the Leading Judgment): The Appellant in this appeal is challenging the correctness of the decision of the High Court of Bauchi State delivered on the 21st day of May, 2019 Coram Hon. Justice M. A Sambo in suit No BA/12/2017.

Before the lower Court, the Appellant and Respondent were Defendant and Plaintiff respectively. The fact before the trial Court and upon which parties joined issues and determined by the trial Court in the end after a full trial can succinctly be put as follows.

The Respondent in the instant appeal and as Plaintiff at the trial Court sought and obtained an order placing his suit against the Appellant as Defendant under the Undefended List. Consequent upon that order and the issuance and service of the Writ of Summons under the undefended list on the defendant, he reacted by filing a notice of intention to defend and affidavit disclosing defence on merit. On the return date, and after listening to respective Counsel on ei…

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