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CaseLaw

Obitude V. Onyesom Comm. Bank (2014) CLR 4(e) (SC)

Judgement delivered on April 11th 2014

Brief

  • Undefended list
  • Undefended list action
  • Undefended list procedure
  • Concurrent findings of lower courts
  • Estoppel by conduct
  • Fraud
  • Prosecution of cases
  • Section 87(9) of the Electoral Act 2010
  • Section 97(1)(h) of the Evidence Act 1990
  • Section 97(2) (e) of the Evidence Act 1990
  • Section 20 of the Evidence Act 1990
  • Section 19 of the Evidence Act 1990
  • Section 151 of the Evidence Act
  • Order 10 Rule 1 of the Court of Appeal Rules 2011

Facts

The Plaintiff/Respondent instituted this action against the Defendant/Appellant which was placed on the undefended list. The defendant/appellant filed an affidavit and Notice of Intention to defend the suit. At the end of the hearing based on the affidavit evidence of the parties, the learned trial judge entered judgment for the plaintiff/respondent in the sum of N7,400,595.53k (Seven Million, Four Hundred Thousand, Five Hundred and Ninety-Five Naira, Fifty-Three Kobo) less N1,000,000.00 (One Million Naira) paid by the defendant on 13/9/2002 during the pendency of this suit with interest at the rate of 5% per annum from the date of judgment until the total payment of the judgment debt.

Dissatisfied with the judgment the defendant appealed to the Court of Appeal also known hereafter as Court below, which dismissed the appeal, upholding the judgment of the Court of trial. Not satisfied once more the Appellant has appealed to the Supreme Court.

Issues

Was the Lower Court right, having regard to the affidavit evidence/exhibits and...

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