S. T. M. C. S. LTD
V.
EMENUE

(2001) JELR 51136 (CA)    

Court of Appeal  ·  CA/C/112M/2000 ·  20 Nov 2001 ·  Nigeria
 · 
Other Citations
S.T.M.P.C.S. Ltd. v. Emenue (2002) 10 NWLR (Pt. 776) 509
CORAM
DENNIS ONYEJIFE EDOZIE, JCA (Presided) OKWUCHUKWU OPENE, JCA (Read the Lead Judgment) SIMEON OSUJI EKPE, JCA
Core Terms Beta
rule
order
application
undefended list
court
suit
civil procedure
writ of summons
high court
plaintiff
procedure
learned trial judge
rules of cross river state
such application
formal motion
provisions of order
respect of a claim
undefended list procedure
combined effect of order
proper procedure
trial judge
briefs of argument
circumstance of the particular case
civil proceedings
court order
final result
full particulars of an oral application
godwin akatu
high court of cross river state
important role
kaduna state
lead judgment
learned trialjudge
learned trial judge’s refusal
ne tho usan d
officer of court
plaintiff’s claim
presiding judge
provisions of the respective orders
relevant provisions of the high court rules
respondent’s claim
rule of court
rules of court
ruling of the learned trial judge
said rules states
s ix h
sum of th ir ty
written application

OPENE, JCA (Delivering the Lead Judgment): At the High Court of Cross River State holden at Calabar, the appellant, as plaintiff, filed an action against the respondent’s claim as follows:

“The plaintiff’s claim against the defendant is for the sum of Th ir ty-o ne Tho usan d, S ix h un dr ed and f if ty Naira

(N31,650.00) being amount owed the plaintiff by the defendant with interest on the basis of statute and custom at the rate of 2.5% from March 1999 until judgment and 10% per annum from judgment until liquidation of the judgment debt.” The plaintiff/appellant also filed an affidavit to place the suit on the undefended list. The matter was then assigned to a court. The learned trialJudge refused to place the suit on the undefended list but rather called for an address on the propriety of the method adopted by the plaintiff/appellant. The counsel for both parties addressed the court after which the learned trial Judge in her ruling delivered on 24/7/2000 ruled that a formal motion …

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