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NKWO MARKET COMMUNITY BANK (NIG) LTD v. PAUL EJIKEME UWABUCHI OBI

(2010) JELR 47599 (SC)

Supreme Court  •  SC.280/2002  •  30 Apr 2010  •  Nigeria

Coram
MAHMUD MOHAMMED JSC; IKECHI FRANCIS OGBUAGU JSC; FRANCIS FEDODE TABAI JSC; CHRISTOPHER MITCHEL CHUKWUMA-ENEH JSC; MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC;

Judgement

M.S. MUNTAKA-COOMASSIE, J.S.C (Delivering the Leading Judgment): The Appellant, who was the plaintiff at the trial court at Nnewi High Court, brought this action under the undefended list procedure, wherein he claimed against the Respondent in a writ of summons dated 21st day of July, 1997 as follows:-

"(1) N930, 162.00 being debt owed the plaintiff by the defendant;

(2) 15% per month interest of the above sum till judgment is delivered.

(3) Thereafter 5% percent interest of the judgment debt till same is liquidated".

On the 25/9/97, the trial court granted an order for substituted service by pasting the writ of summons and other court processes on the defendant at his house at No. 1 Josephat Street, Onitsha Road, Nnewi, and the case was adjourned to 13/10/97 for hearing. The order for substituted service was effected on 7 /10/97 while the defendant filed his Notice of Intention to defend on the 10th day of October, 1997. On the 13/10/97 when the case came up for hearing it was furtheā€¦

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