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F. K. CONSTRUCTION CO. LTD. V. TREVI FOUNDATION NIG. LTD.

(2011) JELR 33419 (CA)

Court of Appeal  •  CA/PH/294/2004  •  6 Jul 2011  •  Nigeria

Coram
ISTIFANUS THOMAS JCA; EJEMBI EKO JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

ISTIFANUS THOMAS, J.C.A. (Delivering the Leading Judgment): The appeal is against the ruling and the final judgment of the learned trial judge Akpughunm of Port Harcourt High Court, delivered on 29-06-2004 in which the appellant's preliminary objection to the plaintiff but now respondent's suit, was dismissed or overruled. The suit was on the undefended list. The trial judge heard the undefended list in favour of the respondent.

Dissatisfied with the judgment, the appellant filed a notice of appeal on 29-06-2004 containing 4 grounds of appeal.

From the 4 grounds, the appellant has raised 3 issues for determination.

They read thus:

1. "Whether the suit was fixed for ruling on the preliminary objection or hearing of the substantive suit. If it was for ruling, whether final judgment can be entered in the course of delivering ruling on an interlocutory application (ground 4)

2. Whether the learned trial judge should not have given the defendant/appellant the opportunity to file and serve …

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