WATERLINE NIGERIA LIMITED V. FAWE SERVICES LIMITED

OMAGE, JCA (Delivering the Lead Judgment): In 1996 July, the appellant filed a claim against the respondent for the sum of N319,500.00 with interest at 15% until settlement. The sum being for advance payment for unexecuted contract. The writ commencing the suit was issued under the undefended list procedure in suit No. KDH/KAD/442/96. With the leave of the High Court Kaduna, the case was fixed and the defendant served a notice of intention to defend. The court, coram Makeri, J. ruled that the defendant has shown a defence on the merit and transferred the plaintiff’s claim for hearing to the general cause list. The suit was adjourned to 28/4/97 for hearing. The case was subsequently adjourned to the following dated from 28/4/97 to 25/11/98. The case was adjourned in the High Court six times by the plaintiff, four times by the defendant, before the court struck out the suit on 25/11/98 for non diligent prosecution. On August 8th, 2000 the plaintiff through the same counsel J.K. Bala…