O. O. INTERNATIONAL LIMITED V. CHUKWUMA-MACHUKWU UME (SUING AS RECEIVER/LIQUIDATOR TO FORTRESS INSURANCE COMPANY)

MOJEED ADEKUNLE OWOADE, J.C.A: (Delivering the Leading Judgment): This is an appeal and cross-appeal against the judgment of H.T. Soba J. delivered on 15/5/2007 in Suit No. FHC/UM/CS/108/2006 at the Federal High Court sitting at Umuahia. The Writ of Summons in this case was filed at the Abuja Division of the Federal High Court but was transferred to the Umuahia Division of the Court.

The Respondent Cross-Appellant as plaintiff in the court below filed a Writ of Summons with a verifying affidavit on 27/7/2006 that his claims against the defendant appellant Cross-Respondent be entertained under the undefended list.

The claims of the Respondent Cross-Appellant as endorsed on the Writ of Summons are as follows:

(a) The outstanding premium of N188,880.00

(b) The cost of this suit which is assessed at N300,000.00.

(c) Total sum of N488,880.00

(d) 20% of the judgment sum until same is paid.

On 14th day of September 2006, Mr. N.D. Ojeh, counsel to the Defendant/Appellant Cross-Respondent file…