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A. G. VISION CONSTRUCTION NIG. LTD. & ANOR
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YEMSAL REPROC NIG LTD

(2020) JELR 110443 (CA)

Court of Appeal 6 Nov 2020 Nigeria
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- The Respondent filed a lawsuit against the Appellants seeking payment for outstanding balance owed for a road construction contract. - The Appellants counter-claimed for damages for breach of contract and loss of goodwill. - The trial cou

Case Details

Suit Number:CA/A/597/2017
Judges:Peter Olabisi Ige JCA Elfrieda Oluwayemisi Williams-Dawodu JCA Mohammed Baba Idris JCA
Counsel:J. Ifere Esq., with him, I. D. Onah Esq. for the Appellants; O. Uzoho Esq., with him, I. Madueke Esq. for the Respondent.

MOHAMMED BABA IDRIS, J.C.A. (Delivering the Leading Judgment): By a Writ of Summons dated and filed on the 18th September, 2013 supported by an affidavit setting out facts, the Respondent as Plaintiff at the trial Court instituted an action under the undefended list procedure against the 1st and 2nd Respondents who were the defendants at the trial Court respectively and sought for the following reliefs against the Defendants jointly and severally:

1. The sum of N8,130,000.00 (Eight Million, One Hundred and Thirty Thousand Naira) only being the outstanding balance owed the Plaintiff by the Defendants for the actual executed quantities on the contract for Asphalt works at Ekwulobia-Nkpologwu-Akpo-Achina-Umuchu Road in Anambra State of Nigeria

2. Interest on the said sum of N8,130,000.00 calculated at the rate of Thirty Two Per centum (32%) per annum from the date of this writ until judgment

3. Interest on the Judgment Sum calculated at the rate of Twenty Five Percentum (25%) per annum from…

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