SULEIMAN
V.
UAC OF NIGERIA PLC.

(2002) JELR 44471 (CA)

Court of Appeal · CA/K/142/2001 · 11 Apr 2002 · Nigeria

CORAM

ISA AYO SALAMI Justice of The Court of Appeal of Nigeria RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

sum of n2

learned trial judge

grounds of appeal

kano state high court

better affidavit

notice of intention

further affidavit

appellant

support of notice of intention

learned counsel

various issues

value of goods

leading judgment

exhibit b. exhibit c

credit of the respondent

decision of the trial court

plaintiffs claim

writ of summons

various affidavit

inspite of the contention of the learned counsel

affidavit

notice of appeal

notice of his intention

examination of the appellant

circumstances of this case

defendant exhibit b

appeal

preliminary objection

copies of the said record book of the defendant

support of the notice of intention

documentary evidence

lower court

provisions of order

briefs of argument

decision of aboki

jurisdictional issue

appellants issue

part payments

copy of order

issues

payments

general cause list

issue of alleged infringement of order

uac cash receipt nos

exhibits

ISA AYO SALAMI, J.C.A (Delivering the leading Judgment): This is an appeal against the decision of Aboki, J., delivered on 30th October, 2000 wherein judgment was given against the defendant for the sum of N2, 262,430.14, an amount far less than the plaintiff's claim of N2, 786,840, endorsed on the writ of summons taken out on 30th March, 1999. The suit was brought under the provisions of Order 23, of the Kano State High Court (Civil Procedure) Rules 1987. The writ of summons marked undefended list was supported by affidavit. Upon service of the writ of summons on the defendant a conditional appearance was entered. A notice of intention to rely on a preliminary objection was given in addition to filing notice of his intention to defend the action on the merit. The preliminary objection was considered and refused the relevant ruling rejecting the preliminary objection was delivered on 7th June, 2000.

Upon service of the notice of intention to defend, the plaintiff deposed to a further …

SULEIMAN V. UAC OF NIGERIA PLC.

SULEIMAN
V.
UAC OF NIGERIA PLC.