Union Bank Of Nigeria Plc V. Awmar Properties Limited (2018)

LAWGLOBAL HUB Lead Judgment Report

OLABODE RHODES-VIVOUR, J.S.C.

The respondent as plaintiff filed a suit under the undefended list at a High Court of the Federal Capital Territory, Holden at Abuja, claiming the following reliefs:

1. An Order of Court directing the defendant to pay to the plaintiff the sum of N300,000,000 (Three hundred Million Naira) only being the amount paid by the plaintiff, to the defendant, as consideration for the auction sale of Yaman Fuel Filling Station and which sale is voided for want of title cum physical possession to the plaintiff.
2. 20% as interest thereon per annum from the date of judgment until final liquidation.

The Writ of Summons under the undefended list was supported by a 24 paragraph affidavit deposed to by Alhaji Abdulazeez Yakubo Sambo, a Director in the plaintiffs company. Annexed to the affidavit are seven exhibits.

On 28th January, 2016, the High Court granted the plaintiff leave to issue and serve the Writ of Summons and other processes on the appellant/defendant, outside the jurisdiction of the trial High Court.

1

On receipt of the Writ of Summons, the appellant/defendant entered conditional appearance on 3 March, 2016 and filed a Notice of Intention to defend the suit with a 31 paragraph affidavit showing cause deposed to by Adepoju Oginni, an employee in the commercial Department of the defendant bank. A further affidavit showing cause for leave to defend was filed on 14th March, 2016.

The Notice of intention to defend the action was brought under Order 22 Rule 3(1) of the Federal Capital Territory Abuja High Court Civil Procedure Rules, 2004 and it reads:

“Take Notice that the defendant intends to defend the action filed by the plaintiff under the undefended list Procedure and that the defendant has a good and reasonable defence to the suit.”

The above shows that the entry of conditional appearance was moonshine.

The defendant entered conditional appearance.

This is an appearance under protest and usually means an appearance to object to the Court’s jurisdiction to hear the case.

After the entry of conditional appearance, learned counsel for the defendant at no time objected to the Court’s jurisdiction. Proceedings proceeded.

2

The appearance of the defendant to the proceeding in the High Court was thus unconditional. The above explains why the entry of conditional appearances was worthless.