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EKYE DEVELOPMENT AREA v. SAPELE BUILDER CO. (NIG) LTD

(2021) JELR 107149 (CA)

Court of Appeal  •  CA/MK/65/2016  •  11 May 2021  •  Nigeria

Coram
Ignatius Igwe Agube, JCA Cordelia Ifeoma Jombo-Ofo, JCA Yargata Byenchit Nimpar, JCA

Judgement

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): This Appeal emanates from the decision of the High Court of Nasarawa State delivered by Hon. Justice AISHA B. ALIYU on the 3rd day of November, 2015 whereof judgment was entered under the Undefended List against the Appellant in the sum of Four Million, Seven Hundred and Forty-eight thousand, five hundred naira (N4,748,500.00). Dissatisfied with the decision of the lower Court, the Appellant invoked the jurisdiction of this Court by a Notice of Appeal dated and filed on the 28th day of January, 2016, containing Four (4) Grounds which I reproduce hereunder albeit without their respective particulars.

“GROUNDS OF APPEAL

GROUND 1:

The learned Trial Court erred in law when despite the Notice of Intention to defend as well as Affidavit disclosing good and credible defence, refused to transfer the case to the General Cause List.

GROUND 2:

The Trial Court erred in law when it based its judgment primarily on inadmissible evidence.

GROUN…

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