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AFRICAN CONTINENTAL BANK PLC. V. G. C. EMEDO

(2002) JELR 50950 (CA)

Court of Appeal  •  CA/J/63/99  •  22 May 2002  •  Nigeria

Coram
ALOMA M. MUKHTAR, JCA (Presided) OLUDADE OLADAPO OBADINA, JCA

Appearances
M. C. Ozoemena - for the Appellant. -*- Benson A. Igbanoi - for the Respondent.

Judgement
<p><strong> MANGAJI, JCA (Delivering the Lead Judgment): </strong> This is an appeal against the ruling of Maron, J. sitting in the High Court of Plateau State in suit No. PLD/J802/1995 wherein the learned trial Judge on 25/4/96 entered judgment in the favour of the respondent who, as the plaintiff, took out a writ of summons against the appellant as defendant under the undefended list. The appellant was thoroughly dissatisfied with the ruling especially the procedure adopted by the court in arriving at the final decision. It accordingly filed this appeal and relied on five grounds of appeal as contained in the notice of appeal.</p><p>In accordance with Order 6, rule 2(4) of the rules of this court,parties filed their respective briefs of argument. Arising from the grounds of appeal, the appellant identified three issues for determination. The issues are as follows:</p><p>(1) Whether the Plateau State High Court was right in hearing the respondent’s suit and awarding him judgment under the <em> undefended list </em> when the c…</p>

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