CORAM

 CLARA BATA OGUNBIYI  JUSTICE, COURT OF APPEAL

NNAMANI, JUSTICE SUPREME COURT

PARTIES

MAINSTREET BANK LIMITED APPELLANTS

GENERAL STEEL MILLS LIMITEDGENERAL PIPE INDUSTRY LIMITEDUNITED METAL PLASTICS LIMITEDINTERNATIONAL ENAMEL WARE INDUSTRY LIMITED? RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Plaintiffs now Respondents instituted this suit at the Federal High Court against the Defendant now Appellant which suit was subsequently abandoned by the Appellant. The Respondents thus opened their case in the absence of the Appellant or his counsel. The case of the Appellant was closed and consequently adjourned for final address. However another counsel was substituted for the Appellant who by a Motion on Notice sought for the case to be re-opened. The Respondents opposed the application and the court in its ruling refused the application to have the case re-opened for the defense to be heard. The court however entered judgement in favour of the Respondents and this has prompted the Appellant to appeal against same.

HELD

Appeal Allowed

ISSUES

?    The learned trial Judge erred in law when the Court delivered its Judgment and held that the Defendant was given ample opportunities but failed, refused and/or neglected to defend the suit and present its case before the Court??    The Honorable Court misdirected itself when on the one hand the Court relied wholly on the case of and submissions of the Plaintiffs (now Respondents) and held that their testimony was unchallenged and as such deemed admitted by the Defendant, was unchallenged and as such deemed admitted by the Defendant, and on the other hand regarding the Written Final Address submitted by the Defendant (now Appellant) held that submissions that are not backed by evidence goes to no issue. So also a pleading that is not supported by evidence is deemed abandoned??    Whether the Honorable Court did not misdirect itself when it awarded the sum of #33,891,342.33 (Thirty Three Million, Eight Hundred and Ninety one Thousand, Three Hundred and Forty Two Naira, Thirty Three Kobo) as money deducted from the Plaintiffs account and interest on the judgment sum at the rate of 21 % from December2007till judgment and 6% from the date of judgment until it is finally liquidated?

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

Constitution of the Federal Republic of Nigeria 1999 (as amended)Evidence Act, 2011(as amended)Federal High Court (Civil Procedure) Rules 2009

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