ADETUNJI ABUDU V. AFRI-MED NIGERIA LIMITED
(2023) JELR 110763 (CA)
Court of Appeal
•
CA/A/21/2019
•
27 Jan 2023
•
Nigeria
Coram
Haruna Simon Tsammani
Hamma Akawu Barka
Ugochukwu Anthony Ogakwu
Appearances
Ms. A. H. Arhere, Esq. for the Appellant(s)
Akin Adewale, Esq. with him, Ms. Julie Ogunsuyi for the Respondent(s)
Judgement
<p class="ql-align-justify"><strong>UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment):</strong> This appeal is against the decision of the High Court of the Federal Capital Territory, Abuja in SUIT NO. FCT/HC/CV/2675/2017: AFRI-MED NIGERIA LTD v. ADETUNJI ABUDU delivered on 12th April, 2018. The Respondent herein, as Plaintiff before the lower Court, claimed for payment of the cost of the Generator it supplied to the Appellant, plus interest on the amount. The Appellant, upon being served the originating processes, entered a conditional appearance and filed a Notice of Preliminary Objection challenging the competence of the action on the grounds that the writ of summons was not issued in compliance with the provisions of Order 4 Rules 6 and 15 of the High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules, 2004 and Section 97 of the Sheriffs and Civil Process Act.</p><p class="ql-align-justify">​The lower Court took argument on the said preliminary objection and finding no merit in the said objection dismissed the same. The …</p>