(2005) JELR 45279 (CA)    

Court of Appeal  ·  CA/IL/M.18/03 ·  14 Apr 2005 ·  Nigeria
Other Citations
Waade Invest. Ltd. v.Trade Bank Plc [2005] 17 NWLR (Pt.955) 519
Waade Invest. Ltd. v. Trade Bank Plc. (2005) 17 NWLR (Pt. 955) 519
MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria TIJJANI ABDULLAHI Justice of The Court of Appeal of Nigeria
Core Terms Beta
undefended list
writ of summons
frank mac
issue of a writ of summons
civil procedure
formal application
pro forma writ
technical sense
undefended list action
kwara state high court
motion ex parte
first point
learned trial judge
order of court
order of this honourable court
such application
clear indication
close look
different sets of provisions
exercise of his discretion
first issue
following issues
high court of kwara state
latter rules
learned judge
mr. a. akintoye ii
mr. k. k. eleja
necessary discretion of court
opening statement shows
parte order
power of the judge
registrar of the court
respect of the case
ruling of that court
said writ
second point
sole issue
trial cour

IKONGBEH, J.C.A. (Delivering the Leading Judgment): The appellants herein were the defendants before the High Court of Kwara State, sitting at Ilorin. This appeal is from the ruling of that court refusing to strike out the respondent's writ of summons at the appellants' instance. The respondent, as plaintiff had, on 19/3/02, applied through its solicitors for the issue of a writ of summons against the appellants, claiming what they regarded as a liquidated money demand. The solicitors made the application by filling out a pro forma writ as in Form 1 in the appendix to the Kwara State High Court (Civil Procedure) Rules, 1988, which was marked at the top "undefended list," and submitting same to the registrar of the court. The pro forma writ was accompanied with a 16-paragraphed affidavit to which were attached some documents by which the plaintiff conceived that the defendants were indebted to it.

On the very day that the pro forma writ was submitted to the registrar he signed and date…

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