Alhaji Nuhu Muhammed V. Alhaji Adamu Al-hassan Ajingi (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the ruling of the Kano State High Court in suit No K/759/2003 delivered by Honorable Justice B. S. Adamu on the 30th of June, 2004. The Respondent, as plaintiff, initiated steps to commence the said Suit No. K/759/2003 against the Appellant, as defendant, before the lower Court by a motion Ex-parte dated the 22nd day of September, 2003 praying for the following orders:

i. An order of this Honorable Court for leave to issue a Writ of Summons against the Defendant as “Undefended Suit” and mark the Writ of Summons as “Undefended Suit”.

ii. An order of this Honorable Court placing this suit under the “Undefended list”

iii. An order of this Honorable Court for leave to serve the Defendant with the Writ of Summons and all other processes in this suit in Kaduna, Kaduna State outside the jurisdiction of this Honorable Court.

iv. And for such further order(s) as this Honorable Court may deem fit to make in the circumstances of this suit.

The motion ex parte was heard by the lower Court on the 2nd of October 2003 and it was ordered as follows:

i. That the applicant is granted leave to issue a Writ of Summons against the Defendant as UNDEFENDED suit and mark the Writ of Summons as UNDEFENDED suit.

ii. That the suit shall be placed under the undefended List and be fixed for hearing.

iii. That the applicant is granted leave to serve the defendant with the Writ of Summons and all other court processes in this suit at Kaduna, Kaduna State which is outside the jurisdiction of this court.

iv. That the defendant shall be given 30 days after service to appear and defend the action.

v. That the case is adjourned to 12th November, 2003 for hearing of the suit on the undefended list.

The Writ of Summons was thereafter issued as Undefended Suit and it was placed under the Undefended List. The claims of the Respondent, as plaintiff, against the Appellant, as defendant, as made out on the Writ of Summons were:

i. The sum of N931, 281.05k (Nine Hundred and Thirty One Thousand, Two Hundred and Eighty One Naira Five Kobo) being owed the Plaintiff by the Defendant as a result of transaction in petroleum product covering the year 2001-2002.