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ODESCO INTERGRATED RESOURCES LIMITED & ANOR v. INTERCONTINENTAL BANK PLC

(2010) JELR 33598 (CA)

Court of Appeal  •  CA/A/171/M/09  •  18 Oct 2010  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; PAUL ADAMU GALINJE JCA; JIMI OLUKAYODE BADA JCA;

Judgement

MOHAMMED LAWAL GARBA, J.C.A (Delivering the Leading Judgment): This appeal is from the decision of the F.C.T. High Court in Suit No. FCT/HC/CV/2009 delivered on the 10/6/09 under the undefended list procedure.

The Appellants were served with the Summons endorsed under the provisions of order 21 of the FCT High court civil Procedure Rules, (2004 Rules) taken out by the Respondent, on the 28/5/2009 with the 10/6/09 indicated as the return date thereof. On the return date, both parties were represented by Counsel but there was no record of a notice of intention to defend the suit accompanied by an affidavit as required under Order 21 Rules 3(1) of the 2004 Rules.

After announcing appearance for the Appellants Mr. Olorunsola Adeoye informed the High Court that he had just been briefed in the case and that parties had started negotiations to settle the matter out of Court. Learned Counsel then urged the High Court to grant the parties "grace" (an adjournment) "to explore the avenue for set…

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