HALILCO NIGERIA LIMITED V. EQUITY BANK OF NIGERIA LIMITED
(2013) JELR 35877 (SC)
Supreme Court
•
SC.318/2006
•
14 Jun 2013
•
Nigeria
Coram
WALTER SAMUEL NKANU ONNOGHEN JSC;
MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC;
NWALI SYLVESTER NGWUTA JSC;
MARY UKAEGO PETER-ODILI JSC;
MUSA DATTIJO MUHAMMAD JSC;
Appearances
D. N. Onietan Esq (with him Nelson Uzuegbu Esq) For Appellant
Ngozi Okafor (Miss) For Respondent
Judgement
<p>NWALI SYLVESTER NGWUTA, J.S.C.: (Delivering the Leading Judgment): This appeal is against the judgment of Kaduna Division of the Court of Appeal delivered on 21/2/2006.</p><p> The appellant, as plaintiff, filed a Summon s ex-parte, before the Kaduna Judicial Division of the High Court of Justice, Kaduna State, on 15/12/2000 in which he prayed the trial Court for:</p><p> "An order listing under the Undefended List the Writ of Summons to be issued against the defendant."</p><p> The respondent was the defendant in the trial High Court.</p><p> On 26/2/2001, the trial Court, having considered the summons ex-parte and the accompanying affidavit ordered that:</p><p> 'The suit is marked under Undefended List."</p><p> Upon service on it of the Writ of Summons filed on 15/12/2000, the Respondent, as defendant, filed a Notice of Intention to Defend with Supporting Affidavit raising defences to the action. The trial Court took learned Counsel's submissions and considered the affidavit evidence and held thus:</p><p> "As there is no defence on thβ¦</p>