(2012) JELR 38920 (CA)    

Court of Appeal  ·  CA/A/95/2011 ·  6 Dec 2012 ·  Nigeria
HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria ABUBAKAR DATTI YAHAYA Justice of The Court of Appeal of Nigeria REGINA OBIAGELI NWODO Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
support of the notice of intention
triable issue
trial judge
notice of intention
irreconcilable conflicts
exhibit b
undefended list procedure
exhibit mo2
further affidavit
difficult point of law
support of the claim
civil procedure rules of that court
grounds of appeal
irreconcilable affidavit evidence
judgment of the trial court
sum of n5,300.000
support of a notice of intention
trial judge ought
arguments of counsel
cheque of n6.8m
court take
defence of the appellant
delta state government vs. okon
high court of the federal capital territory
leading judgment
learned trial judge
loan of n20,000.000
material allegations
n20,000 cost
n.a.b. vs. felly keme
notice of appeal
prima facie
proof of the defence
provisions of the undefended list procedure
relevant depositions
right decision
rules of this hounourable court
see macaulay v
story of the respondent
sum of n6.8
writ of summons shows

ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering the Leading Judgment): The respondent, as plaintiff, before the High Court of the Federal Capital Territory, Abuja, brought an action against the appellant as defendant, under the provisions of the Undefended List Procedure, pursuant to Order 21 of the Civil Procedure Rules of that court. The reliefs as contained in the Writ of Summons, are -

1. The sum of N5,300.000.00 (Five Million, Three Hundred Thousand Naira only) being the total outstanding debt owed to the Plaintiff by the Defendant.

2. Costs as per Rules of this Hounourable Court.

The defendant, on being served with the Writ, took advantage of Order 21 Rule 3(1) of the Civil Procedure Rules of that court, and filed a Notice of Intention to defend.

The trial court considered the arguments of counsel to both parties, and at the end of the day, entered judgment on 17/2/11 for the respondent, with N20,000 cost to him.

Dissatisfied with that judgment, the appellant herein, filed on the 21/2…

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