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DASON MULTI-PURPOSE CO-OPERATIVE SOCIETY (NIGERIA) v. IMEKANSON TRADCO & PRESS LIMITED & ORS

(2002) JELR 43850 (CA)

Court of Appeal  •  CA/PH/160/95  •  28 Feb 2002  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; MICHEAL EYARUOMA APRIRIOROH JCA; ABOYI JOHN IKONGBEH JCA;

Judgement

ABOYI JOHN IKONGBEH, J.C.A. (Delivering the leading judgment): this is an appeal from the ruling of D. Abel-Tariah, J., of the Rivers State High Court siting at Port Harcourt. In the ruling, delivered on 15/12/92, the learned trial Judge entered what we described as "judgment in default of pleadings" in favour of the plaintiff the 1st respondent herein. There were three defendants, i.e., the 2nd and 3rd respondent herein as 1st and 2nd defendant respectively, and the appellant herein as 3rd defendant. The learned Judge made the following consequential orders in the ruling appealed from:

"1. That the terms of settlement filed on 25/4/92 be and is hereby adopted as the judgment of this Court in this suit as between Plaintiff Appellant and the 1st and 2nd Defendant/Respondents.

2. That there is no cost against any of the parties". (Italics mine).

Thus the orders, as the italicized words show, appeared not to have been directed against the 3rd defendant at all but only against the 1st and…

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