Moro Local Government, Kwara State V. Chief Theophilus a. S. Oyebiyi & Ors. (2006)

LawGlobal-Hub Lead Judgment Report

MUNTAKA-COOMASSIE, J.C.A. 

The respondents, who were the plaintiffs in the High Court of Justice Ilorin, corum Gbadeyan J. claimed in their writ of summons, which was placed on the undefended list, against the appellant as follows:-

“(1) N9,711,759.38, (2) N4,808,274.88, (3) N4,847,274.88 (4) N4,847,274.88 (5) N4,847,274.88, (6) N5,847,792.75, (7) N5,687,531.05, (8) N5,538,191.87 and (9) N5,539,191.87; these respective indebtedness the defendant has failed, refused and/or neglected to pay to the respective plaintiffs despite repeated demands, acknowledgement by the defendant and as a final resort issuance of pre-action notice by the plaintiffs.

i. WHEREOF the plaintiffs claim respectively against the defendant as follows:-

(i) N19,711,759.38

(ii) N4,808,274.88,

(iii) N4,847,274.88

(iv) N4,847,274.88

(v.) N5,847,792.75

(vi) N5,847,792.75

(vii) N5,687,531.05

(viii) N5,539,191.87

(ix) N5,539,191.87

2. 10% interest per annum on the respective indebtedness until it is totally liquidated.”

On the 11/2/2005, the suit was placed on the undefended List and adjourned to 23/02/2005 for hearing and the appellant was served with the writ of summon on 15/2/2005. On the 22/2/2003, a day before the date fixed for hearing, the appellant brought an application and prayed for the following reliefs:-