(2018) JELR 38750 (CA)    

Court of Appeal  ·  CA/OW/349/2012 ·  22 Jun 2018 ·  Nigeria
MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
default judgment
fair hearing
considered view
instant case
said court
trial information sheet
trial court
7th april
ruling of the lower court
trial judge
notice of appeal
pre-trial conference
date of judgment
denial of fair hearing
good reasons
set aside
supporting affidavit
supreme court
18-paragraph statement of claim
case of the respondent
clear case
date of payment
execution of the said judgment
following orders
further sum of n10,000,000.00
high court civil procedure rules
high court of imo state holden
high court rules
judges of imo state judiciary
judgment of this court
judicial notice of shows
lead counsel
leading judgment
learned justice
liquidated sum of n500,000.00
note of proceedings
pre-trial forms
reason of the defendants denial of the use
said supporting affidavit
service of judgment order
supreme court decision

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): The appeal is against the ruling delivered on 16/5/2012 by the High Court of Imo State holden at the Owerri Judicial Division presided over by Hon. Justice F.I. Duroha-Igwe (hereafter to be simply referred to as the lower Court and learned trial Judge respectively).

The Respondent (as claimant before the lower Court) commenced the instant case against the Appellant (as Defendant) by a writ of summons which issued on 17/9/2009 and in which he claimed the following reliefs: -

1. The liquidated sum of N500,000.00 (Five Hundred Thousand Naira only) being the sum of money which was fraudulently withdrawn from claimants accounton 2nd August, 2009.

2. The further sum of N10,000,000.00 (Ten Million Naira only) being damages suffered by the claimant by reason of the defendants denial of the use by claimant of funds standing his credit in his account and the resultant financial and emotional distress to which claimant has be…

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