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OKEREKE & ANOR
V.
ABA NORTH LGA

(2014) JELR 36265 (CA)

Court of Appeal 9 Jul 2014 Nigeria
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- The Court of Appeal set aside the High Court’s dismissal of the appellants’ claims, holding it was improper to dismiss an undefended action where the plaintiff’s evidence was unchallenged and unrebutted; minimal proof suffices in such cir

Case Details

Suit Number:CA/PH/179/2004
Judges:IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria PETER OLABISI IGE Justice of The Court of Appeal of Nigeria FREDNARD O. OHO Justice of The Court of Appeal of Nigeria
Counsel:J.O. Emelike Esq holding Brief of K.C. Nwufo Esq. For Appellant Respondent's Counsel absent. For Respondent

PETER OLABISI IGE, JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the judgment of the High Court of Abia State contained in the judgment of Hon. Justice O. A. Otisi delivered on the 12th day of March, 2003.

The appellants as plaintiffs had approached the High Court of Abia State Aba Judicial Division on 4th day of July, 1997 for the issuance of writ of summons against the respondent wherein they claimed against the said respondent for the following reliefs namely:

"1. A declaration of the honourable court that the failure of the defendant to comply with the terms of the agreements dated the 22nd day of June, 1992 and the 27th day of July, 1992 amounts to a breach of contract on the part of the defendants.

2. The sum of ₦7,000.000.00 (seven million naira) being special and general damages resulting to the plaintiffs from the defendant's breach of contract evidenced in the agreements between the plaintiffs and the defendant dated the 22nd day of June, 1992."

The writ was i…

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