(2005) JELR 45303 (CA)    

Court of Appeal  ·  CA/PH/230/2001 ·  26 May 2005 ·  Nigeria
Other Citations
Ogbaegbe v. FBN Plc. (2005) 18 NWLR (Pt.957) Pg. 357
Ogbaegbe v. FBN Plc. (2005) 18 NWLR (Pt. 957) 357
VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria MONICA BOLNA' AN DONGBAN-MENSEM Justice of The Court of Appeal of Nigeria
Core Terms Beta
undefended list
learned counsel
writ of summons
learned trial judge
trial court
notice of intention
general cause list
affidavit evidence
return date
supreme court
high court
issue of the writ of summons
originating process
abia state
absence of a formal application
civil procedure
leading judgment
accompanying affidavit
following cases
high court rules
imo state
respect of a claim
such application
abia state high court
affidavit of the defendant
appellant urges
appropriate procedure
fair hearing
hearing of the appeal
interest of justice
merit of the case
opinion of the learned counsel
proper answer
province of the supreme court
purposes of the special procedure
relevant documents
requisite application
said suit
said writ
special circumstances
submission of the learned counsel
terms of the law
turn file

DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment): The respondent had judgment entered in its favour on the 20th April, 2000, in the Abia State High Court, sitting in Aba Coram Akomas, J. It was a writ marked the "undefended suit". Although, the appellant filed a notice of intention to defend, the learned trial Judge entered judgment for the respondent/plaintiff on the return date.

The appellant feels aggrieved and contends inter alia, that he was not given a fair hearing by the trial court. The appellant urges us to allow his appeal and strike out the suit on issues one and two on the grounds that:

"a. the suit was incompetent;

b. the learned trial Judge had no jurisdiction to entertain same; and

c. the entire proceedings and the judgment were a nullity."

Alternatively, the appellant wants the appeal allowed and the suit transferred to the general cause list on the ground that the appellant disclosed a defence on the merit in his affidavit evidence, but the trial court failed…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login