Alhaji Abubakar Jalli Gambo & Ors Vs Jerry Ikechukwu & Ors. (2010)

LAWGLOBAL HUB Lead Judgment Report

Mary Peter-Odili, JSC

The Brief No.3 that we can see should not have been heard on the Undefended List. In fact, the suit had areas requiring evidence to he proffered and so the suit should be sent to the General Cause List for trial on the merits. PAGE| 2 It is directed that the matter be sent back to the FCT Trial High Court to be tried in the General Cause List. This matter does not fall within the ambit of causes that should be dealt with in the Undefended List. This order is made in the interest of Justice since the issue of unliquidated as shown in the writ and other processes damages are to be clarified by evidence. Appeal is allowed. The judgments of the court below and that of the Trial High Court of the FCT are hereby set aside. The suit to be tried by pleadings and in the General Cause List. Hon, Justice Mary Peter Odili Justice, Supreme Court

SC. 256/2005