(1998) JELR 45671 (SC)    

Supreme Court  ·  SC.244/1990 ·  17 Jul 1998 ·  Nigeria
Other Citations
U.A.C. (Nig.) Ltd. v. Fasheyitan (1998) 11 NWLR (Pt.573)179 (1998) 7 S.C (Pt II) 35
U.A.C. (Nig.) Ltd. v. Fasheyitan (1998) 11 NWLR (Pt. 573) 179
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
grounds of appeal
statement of claim
writ of summons
learned judge
learned trial judge
lower court
brother belgore
concurrent findings of fact
high court
totality of the evidence
lead judgment
oral evidence
brief of argument
decision of the learned judge
findings of the learned judge
proper advantage
substituted service
such findings
supreme court
supreme court rules
appeal file
appellant company
decision of the high court
decision of the trial court
default judgment
entering of the appeal
evidence of the defence witnesses
final judgment
findings of fact
following issues
leading judgment
material points
purported substituted service set
receipt of motion papers
said affidavit
streatham manor nursing home
succinct statement of his argument
such brief
support of this application
trial court

BELGORE, J.S.C. (Delivering the Leading Judgment): The appellant company entrusted goods to the defendants/respondents to be transported by them from Lagos to Kaduna where the appellant had a branch. The goods were not delivered at Kaduna or anywhere and they were not returned to the plaintiff/appellant either. Upon this the plaintiff claimed against the defendants the sum of N42,250.00 being the value of the goods and interest at the rate of 5% from the date the writ was taken out until the final judgment. The plaintiff claimed he had difficulty in serving the writ on the defendants/respondents and prayed and got order for substituted service on them whereby service would be effected on the respondents' premises.

On the bailiff making a return that the substituted service had been effected, the plaintiff then moved for judgment in default of appearance by the respondents. However, upon receipt of motion papers for judgment in default, the respondents brought a motion to set aside th…

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