BEN NWANKWO V. KAY-KAY CONSTRUCTION LIMITED

JUMMAI HANNATU SANKEY, J.S.C. (Delivering the Lead Judgment): This is an appeal against the majority decision of the Court of Appeal, Enugu Judicial Division delivered on December 8, 2014. Coram: Amiru Sanusi, JCA (later JSC), Emmanuel Akomaye Agim, JCA (now JSC) and Misitura Bolaji-Yusuff, JCA (dissenting) affirming the decision of the High Court of Enugu state as contained in the judgment of I.A. Umezurike, C.J. delivered on November 16, 2012 entering summary judgment to the tune of N200,000,000.00 (Two Hundred Million Naira) in favour of the Respondent, on the ground that the Appellant's Notice of Intention to Defend the suit brought on the Undefended List failed to disclose any defence on the merit.

The Respondent commenced this action at the trial High Court vide an Undefended List/Summary Judgment Procedure filed on July 12, 2012, for a liquidated money sum of N200,000,000.00 (Two Hundred Million Naira only), in respect of a friendly loan granted to the Appellant.

A summary of the…