ED – OF NIGERIA LIMITED VS SNIG NIGERIA LIMITED

CORAM

PARTIES

ED – OF NIGERIA LIMITED APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Plaintiff/Appellant sued the Respondent for payment of jobs executed in the Trial Court under the Undefended list, the respondent in his defense stated that he was a mere agent and not the proper party to be sued. The trial court held that the affidavit of defense did not disclose any defense to the action and consequently entered Judgement for the plaintiff. As a result, the respondent appealed to the Court of Appeal which set aside the decision of the Trial Court and transferred the case to the general cause list, thus a further appeal to the Supreme Court.

HELD

Appeal dismissed

ISSUES

Whether the Learned Justices of the Court of Appeal were right in holding that the defendant’s affidavit disclosed a defense on the merit?

RATIONES DECIDENDI

UNDEFENDED LIST – LEAVE TO DEFEND

“The issue at the stage in the proceeding where a defendant seeks leave to be let in to defend an action under the undefended list procedure is not whether the defense put forward by the defendant has been proved or established but whether there are facts on record as disclosed in the affidavits, which if proved could ground the proposed defense on merit” Walter Samuel Nkanu Onnoghen, JSC

CASES CITED

NONE?

STATUTES REFERRED TO

NONE?

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