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R. LAUWERS IMPORT-EXPORT V. JOZEBSON INDUSTRIES CO. LTD.

(1988) JELR 35499 (SC)

Supreme Court  •  SC.188/1986  •  1 Jul 1988  •  Nigeria

Coram
AUGUSTINE NNAMANI JSC; MUHAMMADU LAWAL UWAIS JSC; SAIDU KAWU JSC; SALIHU MODIBBO ALFA BELGORE JSC; ABDUL GANIYU OLATUNJI AGBAJE JSC;

Judgement

A. G. O. AGBAJE, J.S.C. (Delivering the Leading Judgment): The plaintiffs, R. Lawyers Import - Export, sued the defendant Company, Jozebson Industries Co. Ltd., in the High Court of Justice of Anambra State in the Onitsha Division in 1984 for the sum of ₦1,176,382.54 being the amount due from the defendant to the plaintiff on various bills of exchange. The claim by the plaintiff against the defendant was clearly headed "Claim on the Under-fended List". Pursuant to this claim a civil summons with suit No. 0/123/84 between the Plaintiff and the Defendant was issued in the Onitsha High Court Registry on 16th March, 1984. The summons was marked on the top of it "Undefended List" and the return date of the summons was 20th March, 1984. The claim of the plaintiff which as I have just said was headed "claim on the Undefended List" was attached to the summons. The summons with its annexures was served on the Defendant who on 17th March, 1984 filed in the Onitsha High Court Registry a notice o…

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