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ALHAJI RAJI I. AKINWALE v. BANK OF THE NORTH

(2000) JELR 43932 (CA)

Court of Appeal  •  CA/IL/3/99  •  6 Jul 2000  •  Nigeria

Coram
MURITALA AREMU OKUNOLA JCA; PATRICK IBE AMAIZU JCA; WALTER SAMUEL NKANU ONNOGHEN JCA;

Judgement

ONNOGHEN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Kwara State High Court of Justice holden at Ofa in suit No KWS/OF/2/91 delivered by Hon. Justice R.O. ELELU-HABEEB on the 16th day of September, 1991 in which the learned trial Judge entered judgment for the respondent under the undefended list procedure.

The facts of the case as can be gathered from the record are that on the 21st day of January, 1991 the respondent caused a writ of summons to be issue under the undefended list together with an affidavit as required by the rules, for the recovery of liquidated money demand arising from credit facilities granted to the appellant upon his request together with interest thereon amounting at the time to N45,519,96.

The writ was duly issued signed by the registrar and served on the appellant who, thereafter engaged counsel who filed a motion for leave to enter appearance out of time.

On the 17th day of April, 1991 when the matter came up for …

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