May 25, 2025
Legalpedia Citation: (2010) Legalpedia (SC) 10112 In the Supreme Court of Nigeria Fri Mar 5, 2010 Suit Number: SC. 153/2006 CORAM I.L.KUTIGI – JUSTICE, SUPREME COURT MARY […]
CORAM
I.L.KUTIGI – JUSTICE, SUPREME COURT
MARY UKAEGO PETER;ODILI
PARTIES
G. M. O. NWORAH & SONS CO. LTD APPELLANTS
AFAM AKPUTA ESQ
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent filed a suit under the undefended list against the appellant as professional fees for services allegedly rendered. The trial court granted part of the respondent’s application. They both appealed and cross-appealed. The court allowed the cross-appeal. The appellant has further appealed.
HELD
Appeal was allowed and judgment of the lower court was set aside and case remitted to the trial court to be tried under the general cause list by another judge.
ISSUES
NONE
RATIONES DECIDENDI
ESSENCE OF THE UNDEFENDED LIST.
“Undefended list proceeding is meant to shorten the hearing of a suit where the claim is for a liquidated sum. It is designed to avoid the intricacies of pleadings in a normal hearing in our trial courts.” Per FABIYI J.S.C
HOW LIQUIDATED A SUM IS DETERMINED
“The factors for determining a liquidated sum are as follows:-
(a) The sum must be arithmetically ascertainable without further investigation.
(b) If it is in reference to a contract, the parties to the contract must have mutually and unequivocally agreed on a fixed amount payable on breach.
(c) The agreed and fixed amount must be known prior to the breach.” Per FABIYI J.S.C
CASES CITED
1. Maja v. Samouris (2002) 7 NWLR (Pt. 765) at page 102,
2. Eko Odume v. Ume Nnachi (1964) 1 All NLR 324
STATUTES REFERRED TO
NONE