- Nigeria Oil Mills Ltd. vs. Allied Intâ€™l Ind. Ltd.
- ₦ 200
Nigeria Oil Mills Ltd. vs. Allied Intâ€™l Ind. Ltd.
NIGERIA OIL MILLS LTD.
ALLIED INTERNATIONAL IND. (NIG.) LTD.
COURT OF APPEAL
( KADUNA DIVISION )
MUHAMMAD, JCA ( Presided and Read the
Lead Judgment )
VICTOR AIMEPOMO OYELEYE OMAGE, JCA
JOSEPH JEREMIAH UMOREN, JCA
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
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.
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.