UPS LTD.
V.
UFOT

(2005) JELR 44491 (CA)    

Court of Appeal  ·  CA/C/39/2001 ·  10 May 2005 ·  Nigeria
 · 
Other Citations
U.P.S. Ltd. v. Ufot (2006) 2 NWLR (Pt.963)1
U.P.S. Ltd. V. Ufot (2006) 2 NWLR (Pt. 963) 1
CORAM
DALHATU ADAMU Justice of The Court of Appeal of Nigeria CHRISTOPHER MITCHEL CHUKWUMA-ENEH Justice of The Court of Appeal of Nigeria JEAN OMOKRI Justice of The Court of Appeal of Nigeria
Core Terms Beta
court
appellant
respondent
motion
order
issues
statement of defence
appeal
memorandum of appearance
extension of time
preliminary objection
grounds of appeal
general damages
civil procedure
brief of argument
learned trial judge
suit no. hab
final judgment
notice of appeal
instant case
prince obot ufot
proposed statement of defence
high court of akwa ibom state
judgment debt
statement of claim
date of the writ
default of appearance
obot ufot
chief bailiff
court of appeal rules
plaintiff claims
registry of the court of appeal
supreme court
assistant chief registrar of the court
clear days notice
conduct of the appellant
decision of okpo e. okpo
enter judgment
file
ground of objection
honourable court
judgment of the lower court
leading judgment
much ado
proof of delivery of the said parcel
record of proceedings
said memorandum of appearance
said parcel
sum of n840.00

OMOKRI, J.C.A. (Delivering the Leading Judgment): This is an appeal from the decision of Okpo E. Okpo, J., of the High Court of Akwa Ibom State, sitting at Ikot Abasi in suit No. HAB/41/2000, delivered on the 14/7/2000.

The facts, which led this case on appeal, as disclosed in the record of proceedings are that on or about the 24/3/98, the respondent entrusted a parcel containing a motion for judgment and supporting affidavit to the appellant for transportation from Ikot Abasi to Lagos and for delivery at Guinness Nigeria Plc., No. 24 Oba Akran Avenue, Ikeja, for valuable consideration. The respondent paid the sum of N840.00 on Receipt No. R/N 0148590. The appellant failed or neglected to deliver the said parcel to Guinness Nigeria Plc. at Ikeja. Despite repeated demands by the respondent the appellant refused to furnish the respondent with proof of delivery of the said parcel.

Aggrieved by the conduct of the appellant, the respondent instituted proceedings in the High Court of Akwa I…

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