Asaba Ile Mill PLC V. Bona V. Ile Ltd. & Anor. (2006)

LawGlobal-Hub Lead Judgment Report

ALAGOA, J.C.A.

The Appellant as plaintiff filed this suit at the High Court Registry Asaba, Delta State on the 31st October 2003 under the undefended list claiming against the respondents as defendants the following –

(a) The sum of five million five hundred and sixty two thousand, eight hundred and seventy-five naira, seventy two kobo (N5,562,875.72) being the defendants indebtedness to the plaintiff which sum the defendants refused to refund despite repeated demands.

(b) Interest on the said N5,562,875.72 at the rate of 20% until the entire sum is liquidated.

The respondents then filed a Notice of intention to Defend the suit supported by a twenty six paragraph affidavit to which were annexed some exhibits. The learned trial Judge, Okpu. J after hearing arguments of counsel on both sides removed the suit from the undefended list and had same transferred to the general cause list for hearing and determination.

The appellant by a motion on notice dated the 6th February, 2004 and filed on the 9th February, 2004 prayed the court for the following order – “To enter judgment for the plaintiff for the sum of N1,415,050.01 being the amount admitted by the defendants as their indebtedness to the plaintiff and so found by the court.

And for such further order or orders as this Honourable court may deem fit to make in the circumstances”. The motion was supported by a nine paragraph affidavit which is reproduced hereunder –

IN THE HIGH COURT OF JUSTICE, DELTA STATE OF NIGERIA

IN THE ASABA JUDICIAL DIVISION

HOLDEN AT ASABA

BETWEEN: SUIT NO: A/182/2003

ASABA ILE MILL PLC. PLAINTIFF/APPLICANT

AND

1. BONA V. ILE LTD.
2. I.O. UZODIKE DEFENDANT/RESPONDENTS

AFFIDAVIT IN SUPPORT