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ZAHKEM INTERNATIONAL V. NDU C. OFOMA

(2000) JELR 43952 (CA)

Court of Appeal  •  CA/K/196/97  •  13 Jun 2000  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA; MAHMUD MOHAMMED JCA; OLUDADE OLADAPO OBADINA JCA;

Appearances
Akin Adewale, Esq., For Appellant S. C. Okolo, Esq., For Respondent

Judgement

OBADINA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Abiriyi. J. sitting at the High Court, Kaduna State. The plaintiff, now the Respondent in the appeal, instituted an action against the defendant/appellant under the 'Undefended List' in the High Court, Kaduna State on the 19th of November, 1996 for the sum of (N189,800.00) one hundred and eighty-nine thousand, eight hundred naira, being the unpaid prices of items of goods supplied to the defendant/appellant by the plaintiff/respondent. Prior to the issuance of the 'Undefended List' summons on the defendant/appellant, the plaintiff/respondent filed a motion ex-parte praying for the following Orders:-

"(1) Leave to issue and serve the defendant respondent the 'Undefended List' summons outside the jurisdiction of this Honourable Court.

(2) An Order that the 'Undefended List' summons and all Court processes in the suit be served on the defendant/respondent by way of expedited mail service at the …

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