(2003) JELR 44911 (CA)    

Court of Appeal  ·  CA/E/158/2000 ·  12 Jun 2003 ·  Nigeria
Other Citations
U.B.A. Plc v. Okonkwo [2004] 5 NWLR (Pt.867)468
U.B.A. Plc. v. Okeke (2004) 7 NWLR (Pt. 872) 393
MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria SULE AREMU OLAGUNJU Justice of The Court of Appeal of Nigeria CLARA BATA OGUNBIYI Justice of The Court of Appeal of Nigeria
Core Terms Beta
3rd party
third party
trial court
preliminary objection
fair hearing
hearing of the case
third party notice
mr. okoh
grounds of appeal
hearing notice
hearing of this appeal
leading judgment
sum of n13,700,000.00
anambra state
enugu state high court
ex-parte motion
final decision
hearing of the appeal
high court
suit no. e
abuse of process of court
appellants reply brief of argument
briefs of argument
effect of the dismissal order
file of this appeal
following relief
following words
further order
hearing of the matter
high court of justice of enugu state
involved fundamental breach of the constitutional right
judgment of this honourable court
learned counsel
leave of the trial
main action
mandatory provision of order
proceedings of the trial court
reason of any defect
record of the trial court
relevance of the proceedings of the trial court
rules of this court
said order
third party action

MAHMUD MOHAMMED, J.C.A. (Delivering the Leading Judgment): In suit No. E/427/99 instituted in the High Court of Justice of Enugu State at Enugu, Ifeanyichukwu Okonkwo as plaintiff sued Mode Nigeria Limited as defendant for the sum of N13,700,000.00 being the total price of sand, timber, stone and iron rods supplied to the defendant at its request. Following the admission of this claim by the defendant, judgment was entered for the plaintiff against the defendant in the sum claimed by the plaintiff with interest on 4/4/2000. Before then however, the defendant had obtained the leave of the trial High Court to issue and serve third party notice on the United Bank for Africa Plc. to appear and defend the claim against it by the defendant for the same amount claimed by the plaintiff against it in the main action. Having regards to the importance and relevance of the proceedings of the trial court of 4/4/2000, the same are hereby quoted below at page 29 of the record: -



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