FIRST CONTINENTAL PROPERTIES LIMITED V. TERMS ENERGY RESOURCES LIMITED

STEPHEN JONAH ADAH, JCA (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Federal Capital Territory, Abuja, in Suit No: FCT/HC/CV/4466/2013. Coram: A.S. Adepoju J., delivered on the 29th day of April, 2016.

The Respondent herein commenced this action before the trial court against the Appellant under the Undefended List Procedure provided in Order 21 Rule 3 of the FCT High Court Civil Procedure Rules, 2004. The Respondent had sued the Appellant for the recovery of N3,360,000.00 (Three Million, Three Hundred and Sixty Thousand Naira Only) being the sum due and owing the Respondent by the Appellant for the supply of 20,000 Litres of AGO (Diesel) to the Appellant's office situate at Abuja.

Pleadings were filed and exchanged by parties. The Respondent also filed a motion seeking for an order striking out the suit for lack of jurisdiction and nullifying the writ of summons and setting aside the purported service of the originating process on the defe…