Victor Ebong & Anor V. Reicon Company Limited (1998) LawGlobal-Hub Lead Judgment Report TOBI, J.C.A. On 13/7/93, the respondent as plaintiff, filed a writ of summons in the Undefended List claiming from the appellants as defendants, jointly and severally the sum of N260, 000.00. On 26/7/93, the appellants filed a Notice of Intention to Defend…

Chief Gabriel Akinriboya V. Akinleye Akinsole & Anor. (1998) LawGlobal-Hub Lead Judgment Report ACHIKE, J.C.A. This appeal puts in focus the term usually referred to as “default judgment”. The scope and effect of such judgments, seems to me to be the thrust and interest of this appeal. In their suit at the High Court Ondo…

Mohammadu Baraya V. Hajiya Biba Belel & Anor (1998) LawGlobal-Hub Lead Judgment Report MUNTAKA-COOMASSIE, J.C.A. This is an appeal by Muhammadu Baraya against the decision of the Adamawa State Sharia Court of Appeal sitting in Yola, now court below. At the Upper Area Court No. 1 Yola, herein trial court, the appellant was the defendant…

Mallam Uba Abdulkadir V. Mallam Rabiu Musa (1998) LawGlobal-Hub Lead Judgment Report ADAMU, J.C.A. T he appellant in this appeal was sued as defendant by the respondent as plaintiff at the Rent Control and Recovery of Premises Tribunal, Bukuru near Jos for recovery of possession of a house situate at No.20 Thomas Street, Bukuru. The…

African Continental Bank Limited V. S.o. Adebesin & Company Limited & Anor (1998) LawGlobal-Hub Lead Judgment Report IGNATIUS CHUKWUDI PATS-ACHOLONU, JCA. The Plaintiffs/Respondent claimed from the Defendant Appellant as follows in their pleadings (a) A declaration that the defendant’s refusal to release the charge on plaintiffs’ property at plot 4, Block LXVI, Ilupeju scheme Layout…

Fred C. Chiedozie V. Dayo Omosowan & Ors. (1998) LawGlobal-Hub Lead Judgment Report AKPABIO, J.C.A, This is an appeal against a decision of Olike J. of the High Court of Anambra State of Nigeria holden at Awka in suit No. AA/163/95 made on 3rd April, 1996, wherein he adjourned to the 3rd June, 1996 the…

Credit Alliance Financial Services Ltd. V. Antoine Mallah (Suing by His Attorney, Emmanuel Ayodele) (1998) LawGlobal-Hub Lead Judgment Report PATS-ACHOLONU, J.C.A.  he respondent as plaintiff had instituted action against the defendant now known as the appellant claiming as follows in his pleadings: “(a) A declaration that the possession of flat 2 at No.2B Obadeyi Close,…

Chief Denman Odivwri Abeke & Ors V. Rowland Imafidon & Ors (1998) LawGlobal-Hub Lead Judgment Report AKINTAN, J.C.A. The respondents’ as plaintiffs instituted this action by originating summons at the Federal High Court Benin City as suit No. FHC/B/62/M2/96. Their claim before the court was, inter alia, for: (1) a declaration that by virtue of…

College of Education, Warri & Anor V. Gladys Odede (1998) LawGlobal-Hub Lead Judgment Report MOHAMMED, J.C.A. Gladys Odede, the respondent in this appeal was a student at the College of Education. Warri, the 1st appellant since 1989. Some time in 1991, the respondent was among the students of the institution sitting for the semester examinations…

Peter Okeke & Anor V. Nicon Hotels Limited & Anor (1998) LawGlobal-Hub Lead Judgment Report MUHAMMAD, J.C.A.  The suit which gave rise to this appeal was instituted before the Kaduna State High Court No.4 on the undefended list procedure. The claim of the respondent as plaintiff against the appellants as defendants jointly and severally were…