(2012) JELR 49279 (CA)    

Court of Appeal  ·  CA/C/192/07 ·  21 Mar 2012 ·  Nigeria
MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria UZO I. NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria
Core Terms Beta
undefended list procedure
writ of summons
high court
notice of intention
undefended list
preliminary objection
general cause list
learned counsel
further evidence
support of the notice of intention
affidavit of the plaintiff
learned trial judge
order of court
plaintiffs affidavit
sum of n2,450,000.00
support of the application
supreme court
above issues
accompanying affidavit
appreciation of the facts
case of ezukwu v ukachukwu
cost of the action
following issue
following items
following terms
friendly loan
hearing of this suit
jawando v. bakare
leading judgment
mercedez benz v boat
notice of the appeal
oje v babalola
paragraphs affidavit
particulars of the properties
plaintiff claims
rules of the high court
said property
single ground
strong defence
suit no. hc
total value
undefended procedure
virtue of the above position

MOHAMMED LAWAL GARBA, J.C.A:(Delivering the Leading Judgment) This is an appeal against the decision of the High Court of Akwa Ibom State contained in the judgment delivered on the 11/7/07 in suit No. HC/UND/192/2007 filed by the Respondent herein against the Appellant. The writ of summons was issued, marked and entered under the undefended list pursuant to the Rules of the High Court. In the affidavit in support of the application to issue the writ of summons under the undefended list, the Respondent had personally deposed as follows in paragraphs 3 - 10:-

1. That I am the plaintiff/Applicant in this suit.

2. That by virtue of the above position I am conversant with the facts deposed herein.

3. That the Defendant/Respondent sought for financial assistance for a friendly loan from me and I agreed to lend to him the sum of N2,450,000.00 (Two Million, Four Hundred and Fifty Thousand Naira) on the 10th August 2006. A copy of the agreement dated 10th August 2006 evidencing the loan is at…

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