OLUDOTUN OGUNBAYO V THE STATE
June 3, 2025YADIS NIGERIA LIMITED V GREAT NIGERIA INSURANCE COMPANY LIMITED
June 3, 2025Legalpedia Citation: (2007) Legalpedia (SC) 10131
In the Supreme Court of Nigeria
Fri May 4, 2007
Suit Number: SC.73/2002
CORAM
PARTIES
EZEKIEL OKOLI APPELLANTS
MORECAB FINANCE (NIG) LTD
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
In the suit commenced at the trial High Court under the undefended list procedure, the Respondent claimed against the appellant the sum of N1, 178,503.00, being balance of outstanding loan which he refused to pay. Intention to defend the suit supported by an affidavit and a further affidavit with documents as exhibits, instead of disclosing a defence to the suit on the merit as claimed by the defendant, only further confirmed the plaintiffs claim against the defendant. ?
HELD
The Supreme Court held that the appellant’s affidavit in support of the Notice of Intention to defend did not disclose a defence on the merit. ?
ISSUES
Whether the appellant had disclosed sufficient defence to the claim against him which was placed on the undefended list to justify or warrant transferring the case from the undefended list to the general cause list
RATIONES DECIDENDI
CASES CITED
Franchal (Nig.) Ltd., v. N.A.B Ltd. (1995) 8 NWLR (Pt. 412) 176 Adegoke Motors Ltd. v. Adesanya (1989) 3 NWLR (Pt. 109) 250?
STATUTES REFERRED TO
The Anambra State High Court (Civil Procedure) Rules 1988
