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C.C.E. Importaccao v. Sanusi Brother (Nig.) Ltd

COTIA COMMERCIO EXPORTACAO E IMPORTACAO S. A.

V

SANUSI BROTHERS (NIGERIA) LIMITED

SUPREME COURT  OF NIGERIA

ABUBAKAR BASHIR WALI, J.S.C. ( Presided and Read the Leading Judgment )

MICHAEL EKUNDAYO OGUNDARE,  J.S.C.

ANTHONY IKECHUKWU IGUH,  J.S.C.

ALOYSIUS IYORGYER KATSINA-ALU,  J.S.C.

SAMSON ODEMWINGIE UWAIFO,  J.S.C.

SC. 3/1995

FRIDAY, 30TH JUNE, 2000

EVIDENCE - Affidavit - Affidavit of defence in order to defend application for summary judgment under Order 10, High Court of Lagos State (Civil Procedure) Rules, 1972  - What it should contain

PRACTICE AND PROCEDURE - Application for summary Judgment - Order 10, High Court of Lagos State (Civil Procedure) Rules, 1972  - Requirement for defence thereto.

PRACTICE AND PROCEDURE - Order 10 High Court of Lagos State (Civil Procedure) Rules, 1972 -  Essence of

PRACTICE AND PROCEDURE - Summary Judgment Procedure - Order 10, High Court of Lagos State (Civil Procedure) Rules, 1972  - Defence on the merits -  What constitutes  - Need to condescend upon particulars

PRACTICE AND PROCEDURE - Summary Judgment Procedure - Order 10, High Court of Lagos State (Civil Procedure) Rules, 1972 - Denial of claim What the statement of defence and affidavit of defence should contain General traverse - Insufficiency of

PRACTICE AND PROCEDURE -  Summary Judgment procedure - Order 10, High Court of Lagos State (Civil Procedure) Rules, 1972  - Defence thereto -

What proper legal defence entails

WORDS AND PHRASES - ‘To condescend upon particulars’ - Meaning and connotation of

Issue:

Whether, having regard to the Statement of Claim, the Statement of Defence, the affidavit in support and its annexures and the counter affidavit filed, the defendant/appellant had prima facie disclosed a defence to the plaintiff/ respondent’s claim on the merit to entitle him for an order of unconditional leave to defend.

Facts:

The Plaintiff/Respondent, sued the defendant/Appellant in the Lagos High Court vide a specially indorsed writ, claiming certain sums of money in foreign currency, or its current equivalent in Naira under the Second Tier Foreign Exchange Market, plus interest payable on overdue bills in respect of goods sold and delivered by the plaintiff to the defendant at the request of the defendant.  After the defendant had filed his statement of defence, the plaintiff brought an application on notice for leave of the court to enter judgment against the defendant as per the writ of summons and statement of claim.

Judgment was entered for the plaintiff after the parties had canvassed their respective arguments before the court.  The defendant appealed to the Court of Appeal which affirmed the ruling of the learned trial judge.  Being dissatisfied with the judgment of the Court of Appeal, the defendant appealed to the Supreme Court.