OMAGE, JCA (Delivering the Lead Judgment): In 1996 July, the appellant filed a claim against the respondent for the sum of N319,500.00 with interest at 15% until settlement. The sum being for advance payment for unexecuted contract. The writ commencing the suit was issued under the undefended list procedure in suit No. KDH/KAD/442/96. With the leave of the High Court Kaduna, the case was fixed and the defendant served a notice of intention to defend. The court, coram Makeri, J. ruled that the defendant has shown a defence on the merit and transferred the plaintiff’s claim for hearing to the general cause list. The suit was adjourned to 28/4/97 for hearing. The case was subsequently adjourned to the following dated from 28/4/97 to 25/11/98. The case was adjourned in the High Court six times by the plaintiff, four times by the defendant, before the court struck out the suit on 25/11/98 for non diligent prosecution. On August 8th, 2000 the plaintiff through the same counsel J.K. Bala…
WATERLINE NIG. LTD.
V.
FAWE SERVICES LTD.
(2002) JELR 51882 (CA)
Court of Appeal 22 Apr 2002 Nigeria
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Case Details
Suit Number:CA/K/281/2001
Judges:RABIU DANLAMI MUHAMMAD, JCA (Presided) VICTOR A. OYELEYE OMAGE, JCA (Read the Lead Judgment) JOSEPH JEREMIAH UMOREN, JCA
Counsel:John K. Balami, Esq. - for the Appellant.
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A. Abdulkazeez, Esq. - for the Respondent.
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