On the 26th of June, 1989 the plaintiff/appellant, (hereinafter referred to simply as the appellant) filed a specially indorsed writ of summons in the Lagos High court accompanied by a statement of claim, claiming from or against the defendants/respondents (hereinafter referred to as respondents) as follows:-
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i
N13,390,243.27 with interest thereon at the rate of 19% per annum from 24th May, 1989 until payment or judgment, against the 1st respondent; and
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ii
N8,000,000.00 together with interest at the rate of 19% per annum from 19th June, 1989 until payment or judgment, against the 2nd, 3rd 4th and 5th respondents and each one of them.
On the 7th of July, 1989 the respondents entered appearance in court and filed one joint statement of defence. On the 31st of July, 1989 the appellant filed a summons for judgment pursuant to Order 10 of the High court of Lagos (Civil Procedure) Rules 1972. The summons was supported by an affidavit of 10 paragraphs, paragraph 5 of which reads:
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"I have seen and read a copy of a statement of defence delivered in this action on behalf of the defendants, and I do verily believe that the same discloses no defence to the plaintiff's claim, and that the defendants, have no defence to the plaintiff's action"
The affidavit was sworn to by one Raphael Babatunde Bello a Legal Practitioner.
The respondents filed a counter affidavit sworn to by one Emeka Odemigwe on the 15th of September 1989. The learned trial Judge Aka, J heard the parties counsel on the summons for judgment and on the 6th of June, 1990 delivered a ruling whereby he ordered thus:
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"It is the order of this court that the summons for judgment be struck out and is hereby struck out. The defendants are let in to defend the action on merits."
Being dissatisfied with the ruling, the appellant has now appealed to the court of Appeal.
Whether the learned trial Judge was right to grant the respondents...
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