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UNION BANK OF NIGERIA PLC V. EKULO FARMS LIMITED BONIFACE OFFORKAJA

(2000) JELR 55305 (CA)

Court of Appeal  •  CA/E/129/97  •  11 Dec 2000  •  Nigeria

Coram
JUSTIN THOMPSON AKPABIO, JCA (Presided) JOHN AFOLABI FABIYI, JCA (Read the Lead Judgment) MUSA DATTIJO MUHAMMAD, JCA

Judgement

FABIYI, JCA (Delivering the Lead Judgment): This is an appeal against the ruling handed out by Ofomata, J., sitting at the High Court of Justice, Onitsha, Anambra State of Nigeria on 25/7/95.

The appellant, as plaintiff, instituted the suit at the trial court against the respondents, as defendants. The suit was placed in the undefended list. The appellant claimed against the respondents jointly and severally the sum of N4,912,797.30 with interest at the rate of 21% per annum from 1/2/94 until judgment and thereafter at the rate of 5% per annum until the final payment of the judgment debt. The respondents knew that they were tardy in finding the requisite notice of intention to defend the suit. On 7/7/94, they filed a motion on notice in a bid to regularise their position. The respondents, in the stated motion, prayed as follows:- “(a) an order enlarging the time within which the defendants could file a notice of intention to defend the suit. an order deeming the notice of intention t…

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