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JOHN OLOKO V. SUNDAY AWOKO UBE (Trading under the name and Style of Sunny Enterprises (Nig.)

(2001) JELR 52443 (CA)

Court of Appeal  •  CA/C/113H/2000  •  1 Feb 2001  •  Nigeria



EDOZIE, JCA (Delivering the Lead Judgment): In suit No. HJ/37UD/ 97 filed in the Ogoja Judicial Divisions of the Cross River State High Court, the respondent, as plaintiff, sued the defendant, herein applicant, claiming the sum of N948,000 being principal and interest of the money borrowed from the former by the latter. The respondent also claimed interest at the rate of 10% of the judgment debt. The suit was placed on the ‘Undefended List’. The learned trial Judge Uke, J., having held that the notice of intention to defend filed by the defendant/applicant lacked merit, proceeded to enter judgment in favour of the plaintiff/respondent for the sum claimed. The judgment was given on 16th June, 1997. Approximately 3 years thereafter , the defendant/applicant sought to lodge an appeal to the court against that judgment. Accordingly, by a motion on notice dated 25th October, 2000 and filed in this court the same day, he prayed this court for the following relief:- “Extension of time with…

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