Lowe Lintas Limited V. Hudstrade Nigeria Limited (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment)

This is an Appeal against the Decision/Ruling of Hon. Juctice O. A. Williams of the High Court of Lagos State delivered at Court No. 30 Ikeja Commercial Division 01/06/2012.

By a writ of summons followed by a statement of claim of 17/08/2010, the Respondent in Paragraph 24 of the said Statement of claim, claimed from the Appellant/Defendant as follows:

24. WHERE OF claimant claims against the Defendant as follows:

a) An order directing the Defendant to pay the sum of N1,560,000:00 to the Claimant being the value of the Xerox Printer (phaser 7760) supplied to it on 29/06/2009.

b) An order directing the Defendant to pay the sum of N86,859:50 to the claimant being the value of the consumables supplied to it on 29/06/2009.

c) Interest at the rate of 10% from January 1, 2010 till Judgment and thereafter at 21% until final liquidation.

d) N5,000,000:00 damages for breach of contract.

e) Cost of this action.

The Writ of Summons, Statement of Claim and other accompanying processes in this suit were served on the Appellant on 23/08/2010. When

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the time allowed by the Rules of Court to file Defence elapsed, Respondent applied for the issuance of Pre-trial conference Notice which was approved and issued by the Court below (Pages 21-25 of the Record).

Hearing Notice was issued and served on the Appellant in the Suit on 02/02/2011 and 18/04/2011 (See Pages 48-49 and 55 of the Record).

Some Sixteen (16) Months after service of processes on the Appellant, the Respondent brought a Motion on Notice dated 21/02/2012 and filed on 01/03/2012 for Judgment in default of Appearance and Defence. The Motion for Judgment in default of appearance/Defence was served on the Appellant on 1st March, 2012 (Pages 62-63 of the Record). In addition by a letter of 9th March, 2012, Respondent’s Counsel informed the learned Counsel for the Appellant of the date and purpose for which the suit was slated for.

However, Mr. Emmankhu Addeh of Counsel to the Defendant Appellant wrote to Court that he would be absent on 13th March, 2012, the adjourned date as he was scheduled for medical check up at the University of Benin, Teaching Hospital Edo State.