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  • Nigeria Oil Mills Ltd. vs. Allied Int’l Ind. Ltd.
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  • 2003-05-12
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Nigeria Oil Mills Ltd. vs. Allied Int’l Ind. Ltd.

NIGERIA OIL MILLS LTD.

V

ALLIED INTERNATIONAL IND. (NIG.) LTD.

COURT OF APPEAL

( KADUNA DIVISION )

RABIU D. MUHAMMAD, JCA ( Presided and Read the Lead Judgment )

VICTOR AIMEPOMO OYELEYE OMAGE, JCA

JOSEPH JEREMIAH UMOREN, JCA

CA/K/260/2001

MONDAY, 22ND APRIL, 2002

APPEAL - Issues for determination - Need for to arise from existing ground of appeal

PRACTICE AND PROCEDURE -  Undefended list - Defence on the merit - Whether a defendant has or not - Determination of What court must consider

PRACTICE AND PROCEDURE - Undefended list - What a defendant to be allowed to defend must prove

PRACTICE AND PROCEDURE - Undefended list procedure - Purpose of - Order 24, Kano State High Court (Civil Procedure) Rules

PRACTICE AND PROCEDURE - Undefended list procedure - When a defendant could be allowed to defend thereunder

Issue:

Whether or not the trial Judge was right in refusing to transfer the suit to the general cause list and entering judgment in favour of the respondent.

Facts:

In the High Court, Kano State holden at Kano, the plaintiff, now respondent, commenced action against the 1st and 2nd defendants for a claim for recovery of N8,282,800. The claim for the said sum was recorded to be the cost of 706.9 metric tonnes of sheanut allegedly received by the defendants from the plaintiff between August and September, 1998. On being served the process of court in the proceedings the 1st defendant neither appeared nor was represented and did not file any pleading in the suit. The 2nd defendant, now appellant, entered appearance and filed a notice of intention to defend the suit.

After hearing submissions from the counsel of the two parties, the learned trial Judge, in his ruling, held that the affidavit in support of the notice of intention to defend, did not disclose any defence on the merit. He therefore entered judgment in favour of the plaintiff as claimed. The 2nd defendant was not satisfied with the decision, he appealed to the Court of Appeal.