Legalpedia Citation: (2012) Legalpedia (SC) 89811
In the Supreme Court of Nigeria
Fri Jun 15, 2012
Suit Number: SC.228/2004
CORAM
PARTIES
1. MC INVESTMENTS LTD.
2. TOYIN MUNIS
APPELLANTS
CORE INVESTMENTS & CAPITAL MARKETS LIMITED
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent as plaintiff in the trial court brought an action under the undefended list procedure against the appellant/defendant, the appellant chose not to respond to the action, rather filed a motion on notice for stay of proceeding in the matter on the grounds that the action was premature. The application was dismissed by the trial court. The court adjorned the matter for hearing, on which day the defendant was absent, the court being satisfied that there was no intention to defend heard the matter under the undefended list and adjourned for judgement.
The defendant now filed another motion for stay of proceedings pending appeal, a day before the date for ruling. The trial court proceeded to give judgement, and the defendant appealed to the court of appeal accusing the trial court of ignoring its motion for stay of proceeding before giving judgement for the plaintiff.
HELD
Appeal dismissed
ISSUES
NONE?
RATIONES DECIDENDI
MATTERS NOT HEARD BEFORE THE COURT
The court deals with only matters and issues that are properly before it and the court does not speculate or assume jurisdiction to determine matters that are not properly before it
IMPORTANCE OF COMPLYING WITH PROCEDURES UNDR THE UNDEFENDED LIST
The peculiar procedure of these rules under Order 3 Rules 9, 10,11, 12,13 and 14 of the rules is such that unless a defendant, which was what the appellants were at the trial court, complied with the requirements of these rules, they could not be heard even when they were present or represented by councel on the date fixed for the hearing of the undefended action
CASES CITED
Egerafo Ekpeto & Ors v Ikono Wanogho & Ors (2004) 18 N.W.L.R 18 N.W.L.R(Pt. 905) 394 at 412Osuji Okoro Oforkire & Ors v. John Maduike & Ors (2003) 5 N.W.L.R (Pt. 812) 166 at 182?
STATUTES REFERRED TO
NONE