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ABUNUHU NIGERIA LTD & ANOR. V. FAREAST MERCANTILE CO. LTD

(2009) JELR 42129 (CA)

Court of Appeal  •  CA/K/207/2000  •  25 Jun 2009  •  Nigeria

Coram
BABA ALKALI BA' ABA JCA; JOHN INYANG OKORO JCA; THERESA N. ORJI - ABADUA JCA;

Judgement

JOHN INYANG OKORO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Kano State High Court in suit No K/537/98 delivered by Hon. Justice B.S. Adamu on the 2nd day of June 1999 in favour of the Respondent on a matter which was filed on the undefended list pursuant to Order 23 of the Kano State High Court (Civil Procedure) Rules, 1988. On receipt of the said suit, the Appellants who were defendants at the Court below, filed notice of intention to defend the suit and an affidavit in support of the said Notice. After being served with the Appellant's notice of intention to defend, the Respondent through its Area Manager, Mr. S.M. Kumer filed a further and Better Affidavit in support of the suit with some exhibits attached. There after, there were more affidavits from both sides each trying to undo the other on the facts leading to the suit. At the end of reading these affidavits, the learned trial judge entered judgment for the plaintiff/Respondent. D…

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