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WAADE INVESTMENT NIG. LIMITED & Anor v. TRADE BANK PLC.

(2005) JELR 45279 (CA)

Court of Appeal  •  CA/IL/M.18/03  •  14 Apr 2005  •  Nigeria

Coram
MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JCA; ABOYI JOHN IKONGBEH JCA; TIJJANI ABDULLAHI JCA;

Judgement

IKONGBEH, J.C.A. (Delivering the Leading Judgment): The appellants herein were the defendants before the High Court of Kwara State, sitting at Ilorin. This appeal is from the ruling of that court refusing to strike out the respondent's writ of summons at the appellants' instance. The respondent, as plaintiff had, on 19/3/02, applied through its solicitors for the issue of a writ of summons against the appellants, claiming what they regarded as a liquidated money demand. The solicitors made the application by filling out a pro forma writ as in Form 1 in the appendix to the Kwara State High Court (Civil Procedure) Rules, 1988, which was marked at the top "undefended list," and submitting same to the registrar of the court. The pro forma writ was accompanied with a 16-paragraphed affidavit to which were attached some documents by which the plaintiff conceived that the defendants were indebted to it.

On the very day that the pro forma writ was submitted to the registrar he signed and dateā€¦

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