Similarly, on the 29th October, 2015 the Plaintiff through its Solicitor, wrote
to the Defendants making a proposal for the appointment of an Arbitrator,
a letter the Defendants failed to reply.
Accordingly, all efforts by the Plaintiff to recover the outstanding sum of
N20, 698, 920. 00 (Twenty million, six hundred and ninety eight thousand,
nine hundred and twenty naira only, from the Defendants has proved
abortive, hence the commencement of this suit against the Defendants.
From the records before the Court, the originating application was dated
the 8th of December, 2015 and filed on the same day. The Defendants
were served with the originating application and other processes in this
suit on the 10th of December, 2015.
By the Rules of this Court, the Defendants had one month to file a defence
after the service of the originating application, but failed to do so after the
expiration of the period.
The Plaintiff then filed an application for judgment by default and also an
application to call oral evidence.
The Defendants, acting through the 1st Defendant, wrote a letter dated 22
/01/2016 to the President of this Court, purporting to advance reasons why
the Defendants did not file their statement of defence. There was no
application for leave of Court to file their statement of defence out of time.
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