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UNITED BANK FOR AFRICA & ANOR V. IMMARCHES (NIGERIA) LTD.

(2003) JELR 44952 (CA)

Court of Appeal  •  CA/PH/98/2000  •  3 Feb 2003  •  Nigeria

Coram
SYLVANUS ADIEWERE NSOFOR JCA; JOHN ABOYI IKONGBEH JCA; DAVID ADEDOYIN ADENIJI JCA;

Judgement

DAVID ADEDOYIN ADENIJI, J.C.A. (Delivering the Leading Judgment): This is an appeal brought by the defendants/appellants against the decision of Ichoku, C. J., sitting in the Port Harcourt Division of the High Court of Rivers State, on 25th June, 1998, in suit No. PHC/927/97. The court gave judgment for the plaintiff in the sum of N1,504,833.00 with N1,500.00 as costs against the two defendants/appellants.

The defendants/appellants being dissatisfied with the court's judgment appealed to this court and filed two grounds of appeal in the process to wit:

"(a) The learned trial Judge erred in law and misdirected himself, when he entered judgment against the defendants/ appellants on the undefended list on a day fixed for motion for extension of time brought by the defendants/ appellants without fixing another day for hearing of the matter brought under the undefended list by the plaintiff/ respondent and thereby, occasioned a miscarriage of justice.

(ii)(a) The learned trial Judge erred …

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