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F.O. OGBAEGBE v. FIRST BANK OF NIGERIA PLC.

(2005) JELR 45303 (CA)

Court of Appeal  •  CA/PH/230/2001  •  26 May 2005  •  Nigeria

Coram
VICTOR AIMEPOMO OYELEYE OMAGE JCA; PIUS OLAYIWOLA ADEREMI JCA; MONICA BOLNA' AN DONGBAN-MENSEM JCA;

Judgement

DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment): The respondent had judgment entered in its favour on the 20th April, 2000, in the Abia State High Court, sitting in Aba Coram Akomas, J. It was a writ marked the "undefended suit". Although, the appellant filed a notice of intention to defend, the learned trial Judge entered judgment for the respondent/plaintiff on the return date.

The appellant feels aggrieved and contends inter alia, that he was not given a fair hearing by the trial court. The appellant urges us to allow his appeal and strike out the suit on issues one and two on the grounds that:

"a. the suit was incompetent;

b. the learned trial Judge had no jurisdiction to entertain same; and

c. the entire proceedings and the judgment were a nullity."

Alternatively, the appellant wants the appeal allowed and the suit transferred to the general cause list on the ground that the appellant disclosed a defence on the merit in his affidavit evidence, but the trial court failed…

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