(2022) JELR 109147 (CA)    
Court of Appeal  ·  CA/C/04/2015 ·  14 Jan 2022 ·  Nigeria
James Shehu Abiriyi, JCA Muhammed Lawal Shuaibu, JCA Ademola Samuel Bola, JCA
Core Terms Beta
1st respondent
3rd respondents
originating process
2nd respondent
civil procedure
cross river state
ndidem usang iso road
high court
registered company
service of the originating processes
suit no. hc
amended notice of appeal
appellant’s counsel
hon. justice elias o. abua
james shehu abiriyi
notice of appeal
registered office
responsible person
trial court
undefended list procedure
1st defendant
5th day of june
above judgment of the court
abuse of court process
brother james s. abiriyi
face of the affidavit of service
following issue
following issues
following terms
high court of cross river state
house no.5 charles taylor estate
learned counsel
lower court
notice of intention
only valid means of service
reasonable doubt
regular service
subject matter
undefended cause list

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment delivered on the 5th June, 2014 in the High Court of Cross River State before His Lordship, Hon. Justice Elias O. Abua in the following terms:

“Court- The Defendants having been served this processes on the 27th of May, 2014, today being the 5th day of June, 2014. The notice of intention to defend and an affidavit showing a defence on the merit with their processes not having been filed judgment hereby entered for claimant as per their claims. No order as to costs.”

The 1st Respondent was the claimant in the High Court (the Court below). The Appellant was 1st Defendant. 2nd and 3rd Respondents were the 2nd and 3rd Respondents. The matter was determined under the Undefended List procedure.

The Appellant immediately proceeded to this Court on appeal against the above judgment of the Court below by filing a notice of appeal on 6th June, 2014. The notice of appeal was amended with the leave of t…

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