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(2001) JELR 44350 (CA)    

Court of Appeal  ·  CA/A/28/2000 ·  2 Jun 2001 ·  Nigeria
CORAM
DAHIRU MUSDAPHER Justice of The Court of Appeal of Nigeria MUHAMMAD SAIFULLAHI MUNTAKA COOMASSIE Justice of The Court of Appeal of Nigeria ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
matter
court
application
defendant
learned trial judge
service
order
originating processes
trial court
counsel
learned counsel
plaintiff
respondent
memorandum of appearance
fair hearing
undefended list
appearance
ex-parte order
issues
28th march
entire circumstances of the case
writ of summons
enter judgment
hearing of the matter
hearing of the matter strike
issue no.
lower court
trial judge
brother dahiru musdapher jca
close examination
dahiru musdapher
following issues
fundamental issue
grounds of appeal
leading judgment
muhammad saifullahi muntaka coomassie
notice of appeal
odutola vs. kayode
olubosa stores v. standard bank
personal service
proper procedure
provisions of the undefended procedure rules
second issue
serve of the writ of summons
substituted service
substituted service order

DAHIRU MUSDAPHER, J.C.A. (Delivering the Leading Judgment): By a writ of Summons marked on the undefended list, the plaintiff claimed against the defendant the sum of N1, 019, 000. 00 (One million and Nineteen thousand naira) being money allegedly owed the plaintiff by the defendant on a contract of supply of cement between them. When the suit came up before the trial court on the 10th of February 2000, the defendant was not served, the plaintiff successfully moved an application for substituted service and the matter was adjourned to 9/3/2000. Counsel appeared for the defendant under protest and had prior to the appearance filed all application for an order to discharging the ex-parte order for substituted service. The motion to discharge the ex-parte order could not proceed on that day and was adjourned to the 28/3/2000. The court was also informed that negotiation was going on to settle the matter between the parties. On the 28/3/2000 the learned counsel for the plaintiff was in co…

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