judy.legal
Login Register

UGHELLI SOUTH LOCAL GOVERNMENT COUNCIL V. J. I. EDOJAKWA

(2005) JELR 55529 (CA)

Court of Appeal  •  CA/B/131/2000  •  16 Jun 2005  •  Nigeria

Coram
PATRICK IBE AMAIZU JCA (Presided) NWALI SYLVESTER NGWUTA JCA (Read the Lead Judgment) UWANI MUSA ABBA-AJI JCA

Judgement

NGWUTA JCA(Delivering the Lead Judgment): This appeal is againstthe judgment ofAnigboro J. of the Otu-Jeremi Judicial Division of the High Court of Delta State.

The respondent (then plaintiff) sued the appellant as defendant, claimingas follows:

“... the sum of N7,395,507.90 (seven million, three hundred and ninety-five thousand, five hundred and seven naira and ninety kobo) beingamount due and payable to plaintiff for the execution of contract for the extension of electricity to Ewu Town between 1991 and 1996 which contract has been executed and verified by the defendant. The defendant hasfailed, refused and neglected to pay same despite repeated demands.” The writ of summons was issued on 11th November 1999. On the same day, the plaintiff filed a motion dated 9th November 1999 prayingthe lower court for “an order enteringthe writ of summons filed hereto upon issuance on the undefended list”

Along with the motion was filed an 11 - paragraphed affidavit in which it was deposed to in pa…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login