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MAINS VENTURES LIMITED v. PETROPLAST INDUSTRIES LIMITED

(2000) JELR 43997 (CA)

Court of Appeal  •  CA/L/53/97  •  18 Jan 2000  •  Nigeria

Coram
ATINUKE OMOBONIKE IGE JCA; PIUS OLAYIWOLA ADEREMI JCA; IFEYINWA CECILIA NZEAKO JCA;

Judgement

NZEAKO, J.C.A. (Delivering the Leading Judgment): The respondent in this appeal was the plaintiff in the court below. He claimed by his writ of summons taken out on 15th August,1995, the sum of N5,657,610 said to be outstanding prices of 39.018 metric tons of PVC materials supplied by the plaintiff to the defendant, interest at 21% from 9/6/95 till payment was also claimed.

Processes served, the defendant who is appellant herein entered an appearance by Memorandum of Appearance filed on 22/8/95, but filed no defence.

By a summons for judgment pursuant to Order 10 Rules 1 and 2 of the High Court of Lagos Civil Procedure Rules, the plaintiff applied for final judgment against the defendant. This was filed on 27/9/95. The defendant, who had not filed a defence, filed a counter affidavit in reaction to the summons for judgment and a proposed statement of detence.

In the course of time, the hearing of the summons for judgment commenced.

Learned Counsel for the plaintiff' Mr. Ojeleke made …

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