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G. OFODILE OKAFOR, OON, (SAN) v. PEOPLES DEMOCRATIC PARTY (PDP)

(2014) JELR 36589 (CA)

Court of Appeal  •  CA/A/11/2012  •  16 Apr 2014  •  Nigeria

Coram
AMIRU SANUSI JCA; OFR JCA; JOSEPH TINE TUR JCA; TINUADE AKOMOLAFE-WILSON JCA;

Judgement

TINUADE AKOMOLAFE-WILSON, J.C.A.:(Delivering the Leading Judgment): This is an interlocutory appeal against the Ruling of Honourable Justice O.A. Musi of the Federal Territory High Court delivered on 1st December, 2011.

The Appellant as Plaintiff commenced a suit against the Defendant, now Respondent on the undefended list procedure for his professional fees. The Endorsement as to the claim reads -

"(a) The sum of N50,000,000.00 (Fifty Million Naira) only being the sum due and owing as his professional fees for representing the defendant in election petitions in Ebonyi State, in 2007; and

(b) 10% court interest from the date of judgment until the liquidation of the entire judgment sum.

(c) N250,000.00 being cost of this action."

The Respondent was duly served with the processes which indicated the return date to be 1/12/2011. On that day, the Respondent had not filed any process particularly there was no Notice of Intention to defend the suit. Instead it sought for an adjournment to a…

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