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G. CAPPA PLC. V. ABMINE AND SONS (NIG.) LTD.

(2001) JELR 55344 (CA)

Court of Appeal  •  CA/C/38/2000  •  21 Nov 2001  •  Nigeria

Coram
DENNIS ONYEJIFE EDOZIE, JCA (Presided) OKWUCHUKWU OPENE, JCA (Read the Lead Judgment) SIMEON OSUJI EKPE, JCA

Judgement

OPENE, JCA (Delivering the Lead Judgment): This is appeal against the ruling of the High Court of Akwa Ibom State holden at Eket, delivered by Etim J. on 10/6/99, dismissing the defendant/appellant’s application for an order to set aside the judgment delivered on 1/3/99 under the undefended list. Earlier, the respondent as the plaintiff had filed an action against the appellant as defendant claiming as follows: “(1) The plaintiff claims against the defendant the sum of N300,000.00 being sum owed the plaintiff by the defendant for supply of sharp sand and plastering sand as at 30/11/98. (2) Interest on the sum above at the rate of 12% per annum till judgment and thereafter 10% per annum until final liquidation of judgment debt.” On 27/1/99, the plaintiff/respondent had moved an application for leave to issue and mark the writ of summons in the suit as undefended list. The application was granted and the matter was then adjourned to 1/3/99 for hearing. The writ of summons, the exhibit…

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