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LEMNA NIGERIA LIMITED v. FABRIONZO LIMITED

(2017) JELR 37338 (CA)

Court of Appeal  •  CA/C/180/2014  •  22 Jun 2017  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; STEPHEN JONAH ADAH JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A.(Delivering the Leading Judgment): This appeal is against judgment of the Cross River State High Court, delivered March 11, 2014 in suit No. HC/157/2012. The Court below, Coram Michael Edem J. entered judgment in favour of the Respondent, against the Appellant under the undefended list.

BACKGROUND FACTS

The suit was commenced by the Respondent under the undefended list procedure vide a writ of summons issued on April 24, 2012. The suit was entered and marked 'undefended' pursuant to the Court order of the Court below, dated June 18, 2012.

On the part thereof, the Appellant filed a notice of Intention to defend the action which is predicated upon a 20 paragraphed affidavit and 10 exhibits attached thereto, thereby denying any indebtedness to the Respondent.

The case proceeded to hearing. The Appellant's learned counsel, E.L. Akpama, Esq. filed a notice of preliminary objection which was predicated on two grounds:

1. There is no valid and subsisting write…

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