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(2021) JELR 109593 (CA)

Court of Appeal  •  CA/KN/145/2019  •  2 Jun 2021  •  Nigeria

Hussein Mukhtar, JCA Habeeb Adewale Olumuyiwa Abiru, JCA Abubakar Muazu Lamido, JCA


HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Summary Judgment of the Kano State High Court delivered by Hon. Justice N. S. Umar, J (as he then was) in suit number K/224/2018 on the 14th day of February, 2019. The trial judge entered judgment in favour of the Respondents against the Appellant in the sum of N8,847,232.00 pursuant to Order 11 Rule 5 (2) of the Kano State High Court (Civil Procedure) Rules, 2014. The Appellant, instead of filing a notice of intention to defend the action supported by an affidavit disclosing a defence on the merit, filed a Notice of Preliminary Objection Paragraphs 4(b)-(f) of the affidavit in support of the Notice of Preliminary Objection seems to raise the defence of res judicata. It states thus:

"(4)(b) That the Plaintiffs/Respondents sued the Appellant/Applicant before this honourable Court on the 23rd April, 2018 claiming the sum of N8,847,232.00.

(4)(c) That the defendant/Applicant was subjected to oath of ex…

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