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DR. MAURICE EBONG V. FRANCIS S. IKPE

(2001) JELR 44250 (CA)

Court of Appeal  •  CA/C/52/99  •  21 Nov 2001  •  Nigeria

Coram
DENNIS ONYEJIFE EDOZIE JCA; OKWUCHUKWU OPENE JCA; SIMEON OSUJI EKPE JCA;

Judgement

EKPE, J.C.A. (Delivering the Leading Judgment): The respondent in this appeal was the plaintiff in the Uyo High Court of Akwa Ibom State in suit No. HU/UND.306/98, the subject-matter of the appeal. He had sued the defendant now appellant claiming in the writ of summons as follows:

"The plaintiff claims against the defendant the sum of N400,000.00 (Four hundred thousand naira) being sums (sic) owed the plaintiff by the defendant as at June 2, 1996 with interest thereon at 21% per annum from 25th June, 1996 till judgment, thereafter at 10% until final liquidation thereof."

The respondent swore to an affidavit in support of the claim and the suit was on the application of the respondent placed under the undefended list for hearing. Upon service of the writ of summons on the appellant together with the accompanying affidavit of the respondent, the appellant filed notice of intention to defend the suit together with an affidavit disclosing his defence on the merit with exhibits 1 to 4.

In …

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