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  • Jolabon Investments Nigeria Limited v. O.I.C.N.L.
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  • 2015-07-06
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Jolabon Investments Nigeria Limited v. O.I.C.N.L.

  1. JOLABON INVESTMENT NIGERIA LTD
  2. MRS. ESTHER OLAYINKA
  3. NATHAN UMANA

V

OYUS INTERNATIONAL COMPANY NIGERIA LIMITED

COURT OF APPEAL

( ABUJA DIVISION )

ABUBAKAR JEGA ABDULKADIR CON JCA ( Presided )

ABUBAKAR DATTI YAHAYA JCA

JOSEPH E. EKANEM JCA (Read the Lead Judgment)

CA/A/406/2011

TUESDAY, 9 JUNE 2015

FAIR HEARING - What connotes - Parties - Opportunity given to them to establish their case in undefended list procedure - Duty to adequately take advantage of

PRACTICE AND PROCEDURE - Undefended list procedure - Defence on the merit - When said to be disclosed

PRACTICE AND PROCEDURE - Undefended list procedure - Duty of court in

PRACTICE AND PROCEDURE - Undefended list procedure - Duty of a defendant in

PRACTICE AND PROCEDURE - Undefended list procedure - Essence of

PRACTICE AND PROCEDURE - Undefended list procedure -  Fair hearing - What connotes - Parties in - Opportunity given to establish their case - Duty to adequately take advantage of

PRACTICE AND PROCEDURE - Undefended list procedure - Notice of intention to defend - Necessary details and particulars in affidavit in support - Need to state

PRACTICE AND PROCEDURE - Undefended list procedure - Scope of judge’s power in

Issue:

Whether upon a consideration of the affidavit evidence presented by the parties at the lower court, particularly by the respondent, the respondent was not entitled to the judgment in their favour.

Facts:

The respondent entered into a consultancy agreement with the 1st appellant for the later to assist it to procure a land facing Tafawa Balewa Road, Central Business District, Abuja. The respondent agreed to pay the consultant the sum of N27,000,000.00 (twenty-seven million naira), with an initial deposit of N5,000,000.00 (five million naira). The balance of N22,000,000.00 (twenty-two million naira), was to be paid before the release to the respondent of the original letter of allocation. The 1st appellant agreed to refund the deposit of N5,000,000.00 (five million naira), upon certain terms, if it failed to get the allocation letter of offer after four weeks of the payment of the deposit. The 3rd appellant served as a guarantor for the deposit.

The transaction went sour and the respondent sued the appellants at the High Court on the undefended list for the sum of N5,000,000.00 (five million naira), being money paid without consideration, 25% interet per month commencing from 15 November 2007, as per the consultancy agreement and the cost of the action.

Consequently, the court entered judgment in favour of the respondent ( as plaintiff) in the sum of N5,000,000.00 (five million naira), with interest rate of 20% per month from 15 November 2007 against the appellants (as defendants).

Aggrieved by the judgment of the trial court, the appellants appealed to the Court of Appeal.