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AKAHALL & SONS LIMITED v. NIGERIA DEPOSTT INSURANCE CORPORATTON

(2017) JELR 38231 (SC)

Supreme Court  •  SC.302/2006  •  20 Jan 2017  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC; OLUKAYODE ARIWOOLA JSC; KUMAI BAYANG AKA'AHS JSC; CHIMA CENTUS NWEZE JSC; AMIRU SANUSI JSC;

Judgement

KUMAI BAYANG AKA'AHS, J.S.C. (Delivering the Leading Judgment): The appellant instituted an action under the Undefended List Procedure against the respondent as receiver and liquidator of Allied Bank of Nigeria Plc for monies owed it by Allied Bank of Nigeria Plc. Judgment was entered in favour of the appellant following the dismissal of the respondent's preliminary objection challenging the jurisdiction of the Court to hear the matter. An appeal to the Court of Appeal, Calabar was allowed for breach of the respondent's right to fair hearing. The Court made an order for the matter to be heard de novo before a different Judge of the Federal High Court.

At the time the order for retrial was made, Akwa Ibom State had been created from Cross River State, resulting in the matter being transferred to the Uyo Division of the Federal High Court. Following the failure of the respondent to put in an appearance or file Notice of Intention to Defend, judgment was again entered against the responde…

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