Lauwers Import-export V. Jozebson Industries Co. Ltd. (1988)

LawGlobal-Hub Lead Judgment Report

G. O. AGBAJE, J.S.C. 

The plaintiffs, R. Lawyers Import – Export, sued the defendant Company, Jozebson Industries Co. Ltd., in the High Court of Justice of Anambra State in the Onitsha Division in 1984 for the sum of N1,176,382.54 being the amount due from the defendant to the plaintiff on various bills of exchange. The claim by the plaintiff against the defendant was clearly headed “Claim on the Under-fended List”.

Pursuant to this claim a civil summons with suit No. 0/123/84 between the Plaintiff and the Defendant was issued in the Onitsha High Court Registry on 16th March, 1984. The summons was marked on the top of it “Undefended List” and the return date of the summons was 20th March, 1984. The claim of the plaintiff which as I have just said was headed “claim on the Undefended List” was attached to the summons. The summons with its annexures was served on the Defendant who on 17th March, 1984 filed in the Onitsha High Court Registry a notice of intention to defend the plaintiff’s suit.

The suit was called in court on the return date, 20th March, 1984. And in view of the issues arising for determination in this appeal I have to reproduce in full the record of the proceedings of that day. It is as follows:-

R. LAWYERS IMPORT & EXPORT …. PLAINTIFF

JOZEBSON INDUSTRIES …. DEFENDANT

Parties present.

Mr. Anyaduba B. for Plaintiff.

Mr. Okwudili for Defendant.

Court: In view of the admissions of claim to the extent of N904,644.39 subject to proper conversion (sic) rate; there will be judgment for the sum of N904,644.39 subject to proper conversion (sic) rate: Both Counsel have agreed for an adjournment to 29/5/84 to report back on the interest rate. Costs of this action is assessed and fixed at N2,500.00.

(SGD) F. O. NWOKEDI

JUDGE

20/3/84″

So it transpired that on 20/3/84 judgment was entered by Nwokedi J., for the plaintiff on the admission of liability by the defendant in the sum of N904,644.39 plus costs assessed at N2,500.00.