(2003) JELR 44952 (CA)    

Court of Appeal  ·  CA/PH/98/2000 ·  3 Feb 2003 ·  Nigeria
Other Citations
U.B.A. v. Immarches (Nig.) Ltd. [2003]6 NWLR (Pt.817) 529
U.B.A. v. Immarches (Nig.) Ltd. (2003) 6 NWLR (Pt. 817) 529
SYLVANUS ADIEWERE NSOFOR Justice of The Court of Appeal of Nigeria JOHN ABOYI IKONGBEH Justice of The Court of Appeal of Nigeria DAVID ADEDOYIN ADENIJI Justice of The Court of Appeal of Nigeria
Core Terms Beta
facts of this case
sum of n1,504,833.00
merit of the defence
learned trial judge
hearing of the matter
letter of request
leading judgment
notice of intention
extension of time
learned trial chief judge
particular case
said letter
lower courts
1st defendant
legal principle
civil procedure
sum of n1,504,833
lower court
undefended list
fair hearing
suit no. phc
proof of such facts
date of the letter
rivers state
double-room accommodation
trial proper
hearing of the appeal
outstanding hotel bill
sebi furniture ltd.
motion of extension of time
john aboyi ikongbeh
learned chief judge
payment of n2,050.032
high court rules
grounds of appeal

DAVID ADEDOYIN ADENIJI, J.C.A. (Delivering the Leading Judgment): This is an appeal brought by the defendants/appellants against the decision of Ichoku, C. J., sitting in the Port Harcourt Division of the High Court of Rivers State, on 25th June, 1998, in suit No. PHC/927/97. The court gave judgment for the plaintiff in the sum of N1,504,833.00 with N1,500.00 as costs against the two defendants/appellants.

The defendants/appellants being dissatisfied with the court's judgment appealed to this court and filed two grounds of appeal in the process to wit:

"(a) The learned trial Judge erred in law and misdirected himself, when he entered judgment against the defendants/ appellants on the undefended list on a day fixed for motion for extension of time brought by the defendants/ appellants without fixing another day for hearing of the matter brought under the undefended list by the plaintiff/ respondent and thereby, occasioned a miscarriage of justice.

(ii)(a) The learned trial Judge erred …

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