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MR. HUMPHERY OKAEKWU V. MR. CYPRIAN CHINEDUM AGUFUORI

(2010) JELR 55374 (CA)

Court of Appeal  •  CA/PH/269/2002  •  30 Jun 2010  •  Nigeria

Coram
ISTIFANUS THOMAS JCA (Presided) TIJJANI ABDULLAHI JCA (Read the Lead Judgment) EJEMBI EKO JCA

Judgement

ABDULLAHI JCA (Delivering the Lead Judgment): On 5 November 1999, the plaintiff, now respondent in this appeal filed a writ of summons together with an ex parte application praying for the suit to be entered in the undefended list. The application was moved before C.G. Ene (J.) of the High Court of Justice, Port Harcourt, Rivers State, and the learned trial judge held thus: “I have read all the motion papers and heard counsel for the plaintiff. I agree on the application as prayed.

Case is adjourned to 13 December 1999 for hearing or judgment whichever is the case.”

On the said 13 December 1999, the learned trial judge, after considering the notice of intention to defend the suit filed by the defendant/appellant, he found for the plaintiff and held as follows:

“I have read through the affidavit paragraphs, there is nowhere any amount paid by the defendant to the plaintiff was stated specifically. It is not enough for the defendant to say that he is not owing the plaintiff. From the a…

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