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UNION BANK OF NIGERIA PLC v. CHRISTOPHER OSANEKWU

(2018) JELR 38418 (CA)

Court of Appeal  •  CA/B/354/2013  •  6 Jun 2018  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA; MUHAMMED LAWAL SHUAIBU JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): The Respondent as Claimant took out a specially endorsed Writ of Summons against the Appellant as Defendant on the 31/3/2010. The Writ of Summons, Statement of Claim, Witnesses Written Statement on oath, List of Witnesses and front-loaded documents were allegedly served on the Appellant at its Branch office in Warri whereas Appellant's Head office is at No. 36 Marina, Lagos.

Upon Appellant's default in entering appearance and filing of its statement of defence, the Respondent filed an application for judgment to be signed in his favour which was served the same way as the originating processes. Following the hearing and determination of the Respondent's Motion on Notice filed 9/6/2010 praying the trial Court for an order entering judgment thereon, judgment was entered on the 7/7/2010 against the Appellant in default of Appellant's appearance and filing of its pleadings. And the trial Court purportedly satisfied itself that ther…

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