United Bank for Africa Plc V. Ifeanyichukwu Okonkwo & Anor (2003)

LawGlobal-Hub Lead Judgment Report

MAHMUD MOHAMMED, J.C.A.

I

n suit No. E/427/99 instituted in the High Court of Justice of Enugu State at Enugu, Ifeanyichukwu Okonkwo as plaintiff sued Mode Nigeria Limited as defendant for the sum of N13,700,000.00 being the total price of sand, timber, stone and iron rods supplied to the defendant at its request. Following the admission of this claim by the defendant, judgment was entered for the plaintiff against the defendant in the sum claimed by the plaintiff with interest on 4/4/2000. Before then however, the defendant had obtained the leave of the trial High Court to issue and serve third party notice on the United Bank for Africa Plc. to appear and defend the claim against it by the defendant for the same amount claimed by the plaintiff against it in the main action.

Having regards to the importance and relevance of the proceedings of the trial court of 4/4/2000, the same are hereby quoted below at page 29 of the record: –

-29

HOLDEN AT ENUGU

ON TUESDAY THE 4TH DAY OF APRIL, 2000

E/427/99

IFEANYICHUKWU OKONKWO

Vs.

MODE NIG. LTD.

Plaintiff present. Defendants absent.

1.O. Okoh for the plaintiff.

2.Okeke for the defendant.