(2002) JELR 44471 (CA)    

Court of Appeal  ·  CA/K/142/2001 ·  11 Apr 2002 ·  Nigeria
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
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
notice of appeal
notice of his intention
examination of the appellant
circumstances of this case
defendant exhibit b
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
general cause list
issue of alleged infringement of order
uac cash receipt nos

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 …

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