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ALHAJI NURA AHMADI KURFI v. HAJIA BINTA AMINU

(2016) JELR 41458 (CA)

Court of Appeal  •  CA/K/204/2015  •  22 Jun 2016  •  Nigeria

Coram
HABEEB ADEWALE OLUMUYIWA ABIRU JCA; OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA; AMINA AUDI WAMBAI JCA;

Judgement

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A. (Delivering the Leading Judgment): The Respondent, as Plaintiff before the lower Court, was granted leave to place the suit under the Undefended List. The Appellant, Defendant therein, filed an affidavit in opposition, in support of his Notice of Intention to Defend, to which the Respondent filed a Counter Affidavit and the Appellant a Further and Better Affidavit. The lower Court, in a Judgment delivered on 12th December 2014 by Hon. Justice Sanusi Tukur of the Katsina State High Court, refused leave to the Appellant to defend the suit and entered Judgment in terms of the Respondent's Writ of Summons. Aggrieved by this decision, the Appellant has appealed to this Court. Two Notices of Appeal were filed, one on 12th November 2014 and another on 15th December 2014.

In compliance with the Rules of Court, the Appellant filed, on 11th December 2015, a Brief of Arguments, settled by Israel Usman Esq and C.U. Kalu Esq of C.U. Kalu and Co. The Appellant…

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