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NIGERIA NATIONAL PETROLEUM CORPORATION (NNPC) PENSION LIMITED v. VITA CONSTRUCTION LIMITED

(2016) LPELR-41259(CA)

In The Court of Appeal of Nigeria

On Wednesday, the 2nd day of November, 2016

CA/A/120/2012


Before Their Lordships

ABUBAKAR DATTI YAHAYA Justice of The Court of Appeal of Nigeria

TINUADE AKOMOLAFE-WILSON Justice of The Court of Appeal of Nigeria

TANI YUSUF HASSAN Justice of The Court of Appeal of Nigeria


Between

NIGERIA NATIONAL PETROLEUM CORPORATION (NNPC) PENSION LIMITED - Appellant(s)

AND

VITA CONSTRUCTION LTD - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:

FACTS:
This is an appeal against the decision of the High Court of Federal Capital Territory Abuja in Suit No. FCT/HC/CV/2210/2010 delivered on the 7th day of March, 2011.

The respondent as plaintiff at the lower Court instituted the action against the appellant as defendant under the undefended list dated 17/08/2010 as reflected at page 1-7 of the record of appeal. The appellant as defendant was served with the writ on 8th day of November, 2010. The Notice of intention to defend was filed on 15/11/2010 as shown as pages 107-118 of the record. The Notice of intention to defend was filed out of time in violation of the provision of Order 21 Rule 3(1) of the Rules of the High Court of Federal Capital Territory and no application for extension of time to regularize the processes was made.

The trial Court proceeded to determine the case under the undefended list. At the end of the day, judgment was entered in favour of the plaintiff (Respondent herein) on the 7th day of March, 2011. The judgment gave rise to this appeal.
ISSUES:

DECISION/HELD:


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