UNITED SHIPPING & TRADING COMPANY INC.
V.
AGRO ALLIED DEVELOPMENT ENT. LTD

(2000) JELR 43945 (CA)    

Court of Appeal  ·  CA/L/292/98 ·  20 Mar 2000 ·  Nigeria
 · 
Other Citations
N.B.C. Plc v. Nwaneri (2000) 14 NWLR (Pt. 686) 30
CORAM
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
adjournment
court
case
counsel
matter
parties
discretion
lower court
supreme court
learned trial judge
mr. femi atoyebi
mr. nuhu idris
civil procedure
originating summons
trial judge
court notes
federal high court
legal services
miscarriage of justice
mr. yinka raji
above ruling of the lower court
apparent reason
candid view
circumstances of each case
circumstances of this case
court processes
denial of fair hearing
duty of the learned trial judge
exercise of the discretion of a judge
final judgment
further delay
g. a. oguntade
hearing date
lawyer mr. jimi oduba
leading judgment
learned trial judge exercise
mr. n. idris
one case
otunba jimi oduba
pius olayiwola aderemi
previous decision
question of adjournment
representative mr. nuhu idris
said refusal
subject-matter
support of the summons
trial court
udoma j.s.c.

G. A. OGUNTADE, J.C.A. (Delivering the Leading Judgment): On 11/2/98, the Respondent, as Plaintiff brought an originating summons before the Federal High Court, Lagos (Coram Jinadu J) against the appellant, as the defendant for the enforcement of an Arbitral award. An affidavit was filed in support of the summons in accordance with the applicable procedural Rules of the Federal High Court. The parties are herewith referred to as 'Plaintiff' and 'Defendant'.

On 27/4/98, the originating summons was first mentioned in court. The Court notes for that day read:

"Mr. Femi Atoyebi for the Plaintiff.

Mr. N. Idris, Manager, Legal Services represents the defendant - says we received the court processes on 14/4/98 and since then we have made efforts to contact our lawyer Mr. Jimi Oduba without success.

I was told that he travelled.

Court: Very well. Adjourned to 4/5/98 for mention."

The matter next came up on 4/5/98 and the court notes for that day read:

"Mr. Nuhu Idris, Manager, Legal Servi…

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