NIGERIAN PORTS AUTHORITY V AMINU IBRAHIM AND COMPANY

Issue:

That failure to settle the claims triggered the plaintiffs/respondents to institute the suit under the Undefended List Procedure against the appellant at the Federal High Court, (the trial court) claiming the payment of the aforementioned sums. Upon being served with the originating process, the appellant filed a Notice of Intention to defend the suit supporting same with an affidavit. In its Judgment, the trial court held that all the above defences did not call for the transfer of the suit filed under the Undefended List procedure to the General Cause List, especially in view of the appellant's failure to exhibit documents in support of the affidavit supporting the notice of Intention to defend the suit. In the result, the trial Judge found in favour of the respondents herein, as plaintiffs thereat. Aggrieved by the Judgment of the trial court, the appellant appealed to the Court of Appeal, Lagos division which dismissed the appellant's appeal and upheld the decision of the trial court. Piqued by the Judgment of the lower court, the appellant further appealed to the Supreme Court.