(2000) JELR 43952 (CA)    

Court of Appeal  ·  CA/K/196/97 ·  13 Jun 2000 ·  Nigeria
Other Citations
Zahkem International v. Oroma (2000) 11 NWLR (Pt.679)609
Zahkem International v. Ofoma (2000) 11 NWLR (Pt. 679) 609
RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria OLUDADE OLADAPO OBADINA Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
better affidavit
first time
grounds of appeal
leave of the court of appeal
notice of intention
undefended list
issue no.1
learned trial judge
general cause list
high court
learned counsel
lower court
supreme court
brief of argument
civil procedure
kaduna state
military governor of imo state
present case
prior leave of the lower court
appellant shows
attorney general
court processes
defendant respondent
evaluation of evidence
exact paragraphs
following orders
fragrant breach of provisions of orders rules
fresh points
hearing of the case
honourable court
issue no.
issue raise
jurisdiction of this honourable court
leading judgment
learned law lord
notice of preliminary objection
record of appeal
said judgment
trial judge right
undefended list jurisdiction of the court
view of the defence
weight of the affidavit evidence

OBADINA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Abiriyi. J. sitting at the High Court, Kaduna State. The plaintiff, now the Respondent in the appeal, instituted an action against the defendant/appellant under the 'Undefended List' in the High Court, Kaduna State on the 19th of November, 1996 for the sum of (N189,800.00) one hundred and eighty-nine thousand, eight hundred naira, being the unpaid prices of items of goods supplied to the defendant/appellant by the plaintiff/respondent. Prior to the issuance of the 'Undefended List' summons on the defendant/appellant, the plaintiff/respondent filed a motion ex-parte praying for the following Orders:-

"(1) Leave to issue and serve the defendant respondent the 'Undefended List' summons outside the jurisdiction of this Honourable Court.

(2) An Order that the 'Undefended List' summons and all Court processes in the suit be served on the defendant/respondent by way of expedited mail service at the …

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