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ABNORM INDUSTRIAL ENTERPRISES LIMITED & ANOR v. NIGERIA AGRICULTURAL CO-OPERATIVE AND RURAL DEVELOPMENT BANK LIMITED

(2014) JELR 36276 (CA)

Court of Appeal  •  CA/K/272/11  •  20 Jun 2014  •  Nigeria

Coram
THERESA NGOLIKA ORJI ABADUA JCA; JOSEPH SHAGBAOR IKYEGH JCA; TIJJANI ABUBAKAR JCA;

Judgement

TIJJANI ABUBAKAR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the Kano State High Court, delivered by N. S. Umar J, on the 27th day November, 2008, refusing to grant Plaintiffs/Appellants application to relist suit No.K/274/07 which the court below dismissed on 4th June, 2008.

The Appellants as Plaintiffs at the Lower Court commenced action by writ of summons against the Defendant/Respondent on 1st June, 2007. On the 20th day of April, 2008, the Respondent brought application for extension of time within which to file Statement of Defence and counter-claim. Respondents application was accordingly granted. Respondent as Defendant therefore filed Statement of Defence and Counter-claim, the matter was then set down for trial by the learned trial judge on 4th June, 2008; on this date the lead counsel for the Plaintiff said he was unavoidably absent, but he sent Haruna Musa a Youth Corp. member to court, Haruna Musa informed the lower court of his inca…

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