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ELDER EVANGELIST DR. J.U. IGWEBUIKE v. MR. STEPHEN OLUIKPE

(2018) LPELR-44428(CA)

In The Court of Appeal of Nigeria

On Monday, the 30th day of April, 2018

CA/PH/284/2005


Before Their Lordships

RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria

AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria

TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria


Between

ELDER EVANGELIST DR. J. U. IGWEBUIKE - Appellant(s)

AND

MR. STEPHEN OLUIKPE - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on the Undefended List Procedure.
FACTS:
This is an appeal against the decision of the Abia State High Court, Aba.

The plaintiff/respondent, a businessman of No. 11 Adaelu Road, Osisioma, Abia State, granted the defendant/appellant, a friendly interest-free loan of N500,000.00 (Five Hundred Thousand Naira only), when the latter, a politician and pastor-in- charge of Holy Ghost Fire & Miracle Ministry, No. 52 Azikiwe Road, Aba and resident at No. 12 Etche Road by Mosque Street, Aba, approached him. The loan became due and the defendant/appellant paid the sum of N183,000.00 (One Hundred and Eighty- Three Thousand Naira only). Despite repeated demands, the defendant/appellant failed to pay the balance of N317,000.00 (Three Hundred and Seventeen Thousand Naira only).

The respondent commenced an action against the appellant at the trial Court and claimed as follows:
1. The sum of N317,000.00 (Three Hundred and Seventeen Thousand Naira only) being balance of interest free friendly loan granted the defendant by the plaintiff.
2. The sum of 10 per centum per annum on the judgment debt.

The respondent thereafter, by motion ex-parte, procured an order of Court placing the suit on the undefended list. The appellant did not file a notice of intention to defend. On 25-4-2005 the trial Court entered judgment for the respondent in the sum of N317,000.00 with post judgment interest of 10% per annum. Aggrieved, appellant appealed to the Court of Appeal.

ISSUES:
The issues for determination in the appeal are:
(1) Whether the lower Court was justified in automatically entering summary judgment against the Appellant in favour of the respondent merely because the appellant neglected to file his notice of intention to defend accompanied by an affidavit disclosing a defence on the merits.
(2) Whether the lower Court was right to have placed this suit for hearing on the undefended list.

DECISION/HELD:
In the final analysis, the appeal was dismissed.


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