judy.legal
Login Register

M. S. C. EZEMBA V. S. O. IBENEME & ANOR.

(2004) JELR 45110 (SC)

Supreme Court  •  SC.142/2000  •  2 Jul 2004  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; SYLVESTER UMARU ONU JSC; UMARU ATU KALGO JSC; NIKI TOBI JSC; DENNIS ONYEJIFE EDOZIE JSC;

Judgement

EDOZIE, J.S.C. (Delivering the Leading Judgment): The respondents as plaintiffs commenced an action in the High Court of Anambra State sitting at Onitsha against the appellant as defendant under the undefended list procedure but following a notice of intention to defend filed by the appellant, the suit was transferred to the general cause list for trial upon pleadings. The parties accordingly filed and exchanged pleadings. The plaintiffs/respondents subsequently with the leave of court, filed an amended statement of claim wherein they claimed against the defendant/appellant in paragraph 31 thereof as follows:

"1. ₦440,000.00 (Four hundred and forty thousand naira) being the balance owed by the defendant to the plaintiffs.

2. Interest on the said amount at the rate of 4% (Four percent) from the date of judgment until the entire sum is liquidated."

At the trial, parties led evidence in support of their respective pleadings. The two plaintiffs testified, respectively, as P.W.1 and P.W.3…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login