U.T.C. (NIG) LTD
V.
PAMOTEI

(1989) JELR 45321 (SC)

Supreme Court · SC.147/1988 · 6 Mar 1989 · Nigeria
·

Other Citations

U.T.C. (Nig.) Ltd. v. Pamotei (1989) 2 NWLR (Pt.103) 244 (1989) 3 S.C. (Pt 1) 79

CORAM

MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria PHILLIP NNAEMEKA-AGU Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms ^Beta

leading judgment

high court of lagos state

provisions of order

high court

statement of claim

set aside

proper case

summary judgment

good defence

absence of the defendants

longe j. part of the judgment

such remedy

view of the defence

rules

default of defence

court of appeal

civil procedure

following reasons

statement of defence

facts of the case

defendants

triable issue

final judgment

learned judge

laws of lagos state

such facts

judgment summons

supreme court

judgment

1st defendant

chief williams

defence

interest of justice

order

support of the application

english authorities

honourable court

sufficient grounds

such judgment

set-aside

appeal

following statement

judgment sum

senior counsel

plaintiffs

affidavit of intention

such court

senior advocate

5th day of december

UWAIS, JSC (Delivering the Leading Judgment): When this appeal was heard on the 5th day of December, 1988 it was summarily allowed with ₦500.00 costs to the appellant. We then intimated that the reasons for the judgment would be given today. I now state my reasons.

In the High Court of Lagos State holden at Ikeja, the Respondents brought an action against the appellant and one other. The writ of summons, which commenced the suit, was filed together with a statement of claim on the 9th day of June, 1984. The appellant together with the other party, as defendants, filed a memorandum of appearance on the 16th day of May, 1984. The defendants then took no further action.

Pursuant to the provisions of Order 10 of the High Court of Lagos State (Civil Procedure) Rules, Cap. 52 of the Laws of Lagos State 1973, the Plaintiffs applied to the High Court for judgment to be entered for them. The application was granted and judgment was accordingly entered for the plaintiffs by Longe J. Part of th…

U.T.C. (NIG) LTD V. PAMOTEI

U.T.C. (NIG) LTD
V.
PAMOTEI