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CHIEF BARNABAS GEMADE & ANOR V. JOHN T. TINE

(2011) JELR 33501 (CA)

Court of Appeal  •  CA/J/99/2004  •  31 May 2011  •  Nigeria

Coram
KUDIRAT M.O. KEKERE-EKUN JCA; ALI ABUBAKAR BABANDI GUMEL JCA; UCHECHUKWU ONYEMENAM JCA;

Judgement

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Benue State High Court sitting at Makurdi delivered on 5/4/04 setting aside its judgment delivered on 6/11/03 on the Undefended List.

The appellants herein, as plaintiffs before the lower court fifed a motion ex-parte dated 8/4/03 with supporting affidavit and exhibits attached thereto seeking the following orders:

1. "An order issuing a writ of summons in the undefended list for a liquidated money demand in the sum of N500, 000.00 against the defendant herein.

2. An order that the said writ of summons as applied for here be marked "undefended list".

3. An order entering a date for hearing on the said writ of summons.

And such further order(s) as this Hon. Court may deem fit to make in the circumstances of this case."

The Hon. Chief Judge, T.U.F. PUUSU, CJ granted the application on 14/5/03 and adjourned the matter to 26/6/03 for hearing. The writ of summon…

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