(2003) JELR 44845 (SC)    

Supreme Court  ·  SC.113/1998 ·  12 Dec 2003 ·  Nigeria
Other Citations
Planwell v. Ogala (2003) 18 NWLR (Pt. 852)478
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Supreme Court of Nigeria
Core Terms Beta
writ of summons
proposed defence
civil procedure
court of appeal
high court
trial court
bendel state
n10,000.00 costs
summary judgment procedure
8th september
benin city
defendants extension of time
leading judgment
learned justices of the court of appeal
learned trial judge
prison custody
15th day of july
22nd day of july
a. i. katsina-alu
appellate court
case of utc nigeria ltd. v
criminal matter
high court of bendel state
length of the supporting affidavit
main plank of the affidavit
managing director of the 1st defendant
office of 1st defendant
paragraph affidavit
present appellants
present case
refusal of trial court
rules of that court
said judgment
said sum of n768,850.00
s. m. a. belgore
sole issue
s. o. uwaifo
sum of n768,850.00
supply of general goods
trial judge
undefended cause list
various directions

S. M. A. BELGORE, J.S.C. (Delivering the Leading Judgment): The respondent in this appeal was also respondent at the Court of Appeal and plaintiff at the trial High Court of Bendel State. The claim against the present appellants jointly and severally was "for the sum of N768,850.00 being money paid for a consideration that has wholly failed in that between 17/11/92 at Benin City within Benin Judicial Division the plaintiff paid to the defendant the said sum of N768,850.00 for supply of general goods but the defendants have failed to deliver any of the goods to the plaintiff or at all despite repeated demands". Also claimed is interest at 25% before judgment and 10% after judgment. The claim was brought under undefended list supported by an affidavit in accordance with Order 23 High Court (Civil Procedure) Rules, 1988 of Bendel State.

The appellants were duly served with the writ of summons. But within the time set by the rules aforementioned the appellants as defendants did not file a…

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