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HAJIA AISHA KAMARIAM MONGUNO V. BLUEWHALES & COMPANY & ORS.

(2010) JELR 47652 (CA)

Court of Appeal  •  CA/A/227/2009  •  13 May 2010  •  Nigeria

Coram
MARY PETER-ODILI JCA; JIMI OLUKAYODE BADA JCA; ABDU ABOKI JCA;

Judgement

ABDU ABOKI, J.C.A (delivering the leading judgment) : This Appeal is against the Ruling of the High Court of the Federal Capital Territory delivered on the 24th day of June, 2009 by Hon. Justice A. M. Talba.

The brief fact of the case is that this suit now on Appeal was placed by the learned trial Judge, who was the vacation Judge on the undefended list. The Respondents allege that the Appellant was served the Writ of Summons by one Bello Dogora, a Bailiff of the trial Court but that the Appellant refused to acknowledge the service and the Bailiff duly swore to a Certificate of Service which was filed in the Court Records.

On the 28th day of August, 2007 when the matter came up for hearing under the undefended list, the Appellant did not file her Notice of Intention to defend the action and did not appear personally neither was she represented. The trial Court considered the case and entered Judgment for the Respondents in the sum of N1,850,000.00 (One Million, Eight Hundred and Fif…

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