(2000) JELR 43928 (CA)    

Court of Appeal  ·  CA/K/156/98 ·  17 Feb 2000 ·  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
support of his notice of intention
civil procedure
kaduna state high court
lower court
appellant leave
learned trial judge
undefended list procedure
13th day of september
claim of the respondent
facie support
leading judgment
notice of intention
sum of n500,000.00
support of the notice of intention
affidavit of the appellant
br2 unguwan kudu kaduna
briefs of argument
certificate of occupancy no.l
contents of paragraphs
date of judgment
foregoing reasons
high court of justice of kaduna state
isa ayo salami
learned counsel
learned trial judge yahaya j.
necessary inquiries
notice of appeal
number of cases
offer of payment
only issue
own brief of argument
rabiu danlami muhammad
respective briefs of argument
respondents claim
said amount
sale of piece of land
trial court
trial judge
use of the property

MAHMUD MOHAMMED, J.C.A. (Delivering the Leading Judgment): The action that gave rise to the appeal was instituted at the High Court of Justice of Kaduna State under the undefended list procedure. The claim of the respondent who was the plaintiff at the Court below against the appellant who was the defendant in the action was for:-

"1. The sum of N500,000.00 (Five Hundred Thousand Naira) only being the amount paid by the plaintiff to the Defendant as consideration for the assignment of plot No.BR2 Unguwan Kudu Kaduna, which consideration failed.

2. Interest on the said amount at prevailing bank rate from the 13th day of September, 1994 until judgment, and 10% (ten percent) interest from the date of judgment until the judgment is liquidated."

Upon being served with the writ of summons accompanied by the affidavit setting forth the grounds upon which the claim was based, the appellant, in compliance with Order 22 Rule 3(1) of the Kaduna State High Court (Civil Procedure) Rules 1987 filed…

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