judy.legal
Login Register

IMMINENT NIGERIA COMPANY v. PRUDENTIAL CO-OPERATIVE MICRO FINANCE BANK (NIGERIA) LIMITED

(2014) JELR 36685 (CA)

Court of Appeal  •  CA/C/146/2013  •  17 Mar 2014  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; UZO I. NDUKWE-ANYANWU JCA; ONYEKACHI A. OTISI JCA;

Judgement

MOHAMMED LAWAL GARBA, J.C.A.(Delivering the Leading Judgment): This appeal is from the decision of the High Court of Akwa Ibom State, sitting at Ikot Ekpene, in suit No. 47/UNDT.15/2010, delivered on the 8/1/2013, by which judgment was entered under the undefended list in favour of the Respondent, against the Appellant, who was 1st Defendant. The facts of the case before the High Court, (not the facts leading to the case) are that on the 27/10/2010, the Respondent had applied, by a motion ex parte, to the High Court for the issuance of a writ of summons and placing same under the undefended list pursuant to Order 11, Rule 8(2) of the High Court (Civil Procedure) Rules, 2009. The writ was issued and served on the Appellant who in reaction, filed a Notice of intention to defend the action and a Notice of Preliminary objection to the competence of the suit on the ground, that the words "Undefended List", were not marked on the writ as required by order 11, Rule 2 of the High Court Rules.…

There's more. Sign in to continue reading

JUDY is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login