MUHAMMAD IBRAHIM SIRAJO, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the High Court of Rivers State (the lower Court) in Suit No: PHC/1425/2016, delivered on 22/11/2017, wherein Justice I.P.C Igwe refused to grant the Appellants' application to set aside its judgment and strike out the suit for incompetence and want of jurisdiction. The ruling is copied at pages 289-302 of the Additional Record. The background facts leading to this appeal are that the Respondent, as Claimant, filed an action against the Appellants, as Defendants, via a Writ of Summons (Undefended List) on 06/06/2016, before the lower Court for the refund of part of the contract sum already paid, alongside damages known as 'malus charge' as stipulated in the Contract Agreement. See pages 1-54 of the Record of Appeal. Upon receipt of the Respondent's process, the Appellants filed a Notice of Intention to Defend together with an Affidavit showing forth their defence on 6/10/2016. These …
YEA (NIG) LTD & ANOR
V.
YNSYGHT & CYNTHESYS (NIG) LTD
(2025) JELR 114213 (CA)
Court of Appeal 4 Aug 2025 Nigeria
BriefBot Summary
- Respondent sued Appellants in the Rivers State High Court under the undefended list procedure for refund of part of a contract sum and damages, serving the writ in Lagos without expressly obtaining leave of court and indicating only 5 day
Case Details
Suit Number:CA/PH/466/2018
Judges:Elfrieda Oluwayemisi Williams-Dawodu, JCA
Muhammad Ibrahim Sirajo, JCA
Ishaq Mohammed Sani, JCA
Counsel:Benn Uzozie, with him, N.I Hansen and A.S. Bello For Appellant(s)
Sir C.I. Enweluzo, SAN, with him, E.O. Abakadang For Respondent(s)
Location:Port Harcourt
Other Citations:(2025) LPELR-81788 (CA)
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