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AFRIBANK NIGERIA PLC V. BONIK INDUSTRIES LIMITED

(2005) JELR 45159 (CA)

Court of Appeal  •  CA/I/69/01  •  13 Jul 2005  •  Nigeria

Coram
SAKA ADEYEMI IBIYEYE JCA; FRANCIS FEDODE TABAI JCA; RAPHAEL CHIKWE AGBO JCA;

Appearances
Otunba O.O. Ogunyemi For Appellant Prof. J.O. Anifalaje For Respondent

Judgement
<p>IBIYEYE, J.C.A (Delivering the Leading Judgment): The matter culminating in this appeal was instituted by the plaintiff now the respondent by means of procedure on the undefended list through a specially endorsed writ of summons filed in the Ibadan Judicial Division of the High Court of Justice, Oyo State of Nigeria.</p><p> In strict compliance with the attendant procedure for instituting any matter on the undefended list, the respondent filed a twenty four paragraph supporting affidavit.</p><p> The trial court, on the 20th October, 2000 appeared satisfied with the service of hearing process on the defendant now appellant who was absent. The learned trial Judge, in a short judgment on the same day (supra) held, inter alia,</p><p> &quot;In the circumstances, I hereby give judgment to the plaintiff in terms of the writ of summons as follows:</p><p> (1) Judgment for a sum of N3, 723,685.68k three million, seven hundred and twenty three thousand, six hundred and eighty five naira sixty-eight kobo-(sic) being the total su…</p>

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