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UNITY BANK PLC v. KAY PLASTIC NIGERIA LIMITED & ANOR

(2011) JELR 33889 (CA)

Court of Appeal  •  CA/IL/21/2009  •  22 Jul 2011  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA; SOTONYE DENTON-WEST JCA; CHIMA CENTUS NWEZE JCA;

Judgement

CHIMA CENTUS NWEZE, J.C.A. (Delivering the Leading Judgment): Way back in 2003 (that is, about eight years ago), the appellant herein (as plaintiff, subsequently, referred to as "claimant") took out a writ of summons under the Undefended List Procedure against the respondents (as defendants) at the Ilorin Division of the Kwara State High Court (hereinafter referred to as the "lower court"); On March 4, 2004, the matter was transferred to the general cause list for hearing and determination. Sequel to the service on them of the Claimant's Statement of Claim, the defendants filed their Statement of Defence. In addition, they counter claimed against the Claimant. This prompted the claimant's Reply to the Statement of Defence and Defence to Counter Claim. These processes were filed on March 2, 2005.

Hearing in the case commenced on March 17, 2005. PW1 testified but did not exhaust his evidence. Some documents were tendered by consent. PW1 concluded his evidence three months afterwards, pr…

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