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ENGINEER PETER NYA NYA CONSTRUCTION CO. LIMITED V. CHIEF JOSEPH EDEM SMOL RESOURCES NIGERIA LIMITED

(2000) JELR 57634 (CA)

Court of Appeal  •  CA/C/224/98 .  •  20 Mar 2000  •  Nigeria

Coram
D. ONYEJIFE EDOZIE, JCA (Presided and Read the Lead Judgment) OKWUCHUKWU OPENE, JCA SIMEON OSUJI EKPE, JCA

Judgement

EDOZIE, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Calabar High Court in suit No. C/294/98 filed on 29/7/ 98, wherein the respondents, as plaintiffs, sought against the defendants/ appellants claims as endorsed on the writ of summons, the terms of which read as follows:- “Whereof, the plaintiffs have suffered damages and claim against the defendants the sum of N240,000 (Two hundredand forty thousand Naira only) being debt owed to the plaintiffs in respect of their building contract entered into between the parties on the 18th day of March, 1998.” The suit, which was supported by an affidavit sworn to by the 1st respondent, to which was annexed Exhibit A, was placed under the “Undefended List”. Upon the suit being served on the appellants, the latter by counsel filed on 25/8/98 a “Notice of Intention to defend” pursuant to Order 23 rule 3(1) of the High Court of Cross River State (Civil Procedure) Rules, hereinafter referred to as the rules simp…

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