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  • Eternal Trust Savings & Loans Ltd v. Beauty Fair Lab. Ltd
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  • 2002-07-22
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Eternal Trust Savings & Loans Ltd v. Beauty Fair Lab. Ltd

ETERNAL TRUST SAVINGS & LOANS LTD.

CHIEF ADEWALE ATANDA

V

BEAUTY FAIR LABORATORY LTD.

COURT OF APPEAL

( LAGOS DIVISION )

G. ADESOLA OGUNTADE, JCA ( Presided  and Read the Lead Judgment )

SULEIMAN GALADIMA, JCA

PIUS OLAYIWOLA ADEREMI, JCA

CA/L/1/97

TUESDAY, 19TH JUNE, 2001

INTERPRETATION OF STATUTE - Order 10 rule 3 High Court of Lagos State (Civil Procedure) Rules, 1972 - Interpretation of - Guiding principles therefor - Whether defence could be disclosed by means other than affidavit as required under the rule

PLEADINGS - Allegation of fraud therein - Need to state all necessary particulars and full allegations thereof

PRACTICE AND PROCEDURE - Order 10 rule 3 High Court of Lagos State (Civil Procedure) Rules, 1972 - Interpretation of - Guiding principles therefor - Whether defence could be disclosed by means other than affidavit as required under the rule

PRACTICE AND PROCEDURE - Order 10 rule 3 High Court of Lagos State (Civil Procedure) Rules, 1972 - Granting of leave to defend thereunder - Determination of - Guiding principles - Need for interest of justice to override technicalities

Issue:

Whether the defendants/appellants disclosed sufficient triable issues as to be entitled to leave to defend the action on the merit

[2002] F.W.L.R.        Eternal Trust Savings & Loans Ltd. vs. Beauty Fair Lab. Ltd.                   135

Facts:

The respondent herein as plaintiff in the lower court issued a specially endorsed writ of summons accompanied by a statement of claim pursuant to Order 3 rules 4 and 5 of the High Court of Lagos State (Civil Procedure) Rules 1972 claiming against the appellants as defendants liquidated sum of N1,000.000.00 (One million Naira) and the accrued interest.

The appellants filed a statement of defence which incorporated a counter-claim by the 1st appellant. The respondent later filed summons for judgment for the amount claimed on the writ. It deposed inter-alia in the affidavit in support of the summons for judgment that the appellants jointly had no defence to the action. The appellants also filed a counter-affidavit to the respondent’s summons for judgment.

At the conclusion of arguments on the summons for judgment, the learned trial Judge gave judgment to the respondent as claimed.

The 1st appellant being aggrieved by the judgment appealed to the court of appeal.