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CHRISTOPHER N. TANKO V. GARDUGA N. NONGHA

(2005) JELR 45124 (CA)

Court of Appeal  •  CA/J/257/2003  •  10 Feb 2005  •  Nigeria

Coram
AMIRU SANUSI JCA; IFEYINWA CECILIA NZEAKO JCA; IKECHI FRANCIS OGBUAGU JCA;

Judgement

IFEYINWA CECILIA NZEAKO, J.C.A., (Delivering the Leading Judgment): The Respondent in this appeal was the Plaintiff in Suit No. TRSJ/88/2001 which he instituted on 26th, October 2001 at the High Court of Justice, Jalingo Taraba State of Nigeria.

The suit came before Danjuma J. Parties exchanged pleadings. At the hearing, the Plaintiff testified and called two witnesses. They all testified in the absence of the Defendant. Later however, on the application of the defence counsel Mr. Yaro, the Plaintiff and his witnesses were recalled and were cross-examined.

The Defendant did not testily nor did he call any witness. Counsel for the parties addressed the Court. On 22nd May, 2003, the learned trial Judge delivered judgment in the action in favour of the Plaintiff. The Defendant being dissatisfied has appealed to this Court.

He filed 4 grounds of appeal and later filed and served his brief of argument on the Respondent who on his part failed to file any brief of argument. On 10/5/2004, thiā€¦

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