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Bendel Construction Co. Ltd v. Anglocan Development Co. (Nig.) Ltd

(1972) JELR 45189 (SC)

Supreme Court  •  SC.47/1971  •  3 Mar 1972  •  Nigeria

Coram
UDO UDOMA JSC; GEORGE BAPTIST AYODOLA COKER JSC; ATANDA FATAYI-WILLIAMS JSC;

Judgement

A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): In the civil summons, headed "Undefended List" and issued from the High Court of Lagos State on 20th June, 1970, the plaintiffs claimed:

"against the defendants the sum of 2,043,11s (two thousand and forty-three pounds eleven shillings) being the purchase price of goods sold and delivered by the plaintiffs to the defendants at the defendants' request at Lagos during December 1969. The defendants have failed to pay in spite of repeated demands."

When the case came up before Caxton-Martins J., on 13th July, 1970, learned counsel for the plaintiffs asked the court for judgment on the ground that the defendants had not filed any notice of their intention to defend the action. To this request, learned counsel for the defendants replied as follows:

"My instructions from my client are that they were served on Saturday, 11th July, 1970. We still have time to file notice of an intention to defend." Whereupon, the learned trial judg…

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