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NSIT ATAI LOCAL GOVERNMENT v. ENGR. EDWIN J. ENE

(2008) JELR 47153 (CA)

Court of Appeal  •  CA/C/23/2005  •  10 Dec 2008  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; NWALI SYLVESTER NGWUTA JCA; THERESA NGOLIKA ORJI-ABADUA JCA;

Judgement

NWALI SYLVESTER NGWUTA, J.C.A. (Delivering the Leading Judgment): Endorsed on the writ of summons issued from the Registry of the High Court of Justice, Akwa Ibom State Uyo Judicial Division is the claim for the sum of N2,558,250 made by the plaintiff now Respondent against the appellant, then defendant. The Respondent also claimed 30% of the said sum as interest per annum from 26/6/02 till judgment as well as 10% of the sum from date judgment till final liquidation.

Pursuant to an ex-parte application by the Respondent as plaintiff the matter was placed on the undefended list for hearing and determination on 10/4/03 and fixed for hearing on 30/4/03. The Court ordered that its order and all relevant processes be served on the defendant now appellant.

On the return date the appellant was represented by its P. E. O. (General Duties) Mr. Augustine E. Edet.

Learned Counsel for the Respondent informed the trial Court that the appellant did not file a notice of intention to defend the Suit.…

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