(2012) JELR 49319 (CA)    

Court of Appeal  ·  CA/J/288/2007 ·  1 Jun 2012 ·  Nigeria
CLARA BATA OGUNBIYI Justice of The Court of Appeal of Nigeria JUMMAI HANNATU SANKEY Justice of The Court of Appeal of Nigeria PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria
Core Terms Beta
general cause list
undefended list
notice of intention
learned trial judge
civil procedure
sum of n2,113,000.00
various dates
2nd defendant
affidavit of sylvester uheine adejo
high court
said sum of n2,113,000.00
sylvester uheine adejo
1st appellant
date of judgment
high court of plateau state
post judgment interest
said rule
said sum
transfer of the matter
10th interest
11th day of june
absence of counsel
appellants issues
brief facts of this case
consideration of the defence
court vide
decision of the plateau state high court
defend ant
following cases
high court rules of plateau state
leading judgment
leave of court
order of this court
ordinary cause list
reply brief
respondents counsel
rules of court
rules of court parties
suit no.pld

PHILOMENA MBUA EKPE, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the Plateau State High Court sitting in Jos delivered on the 11th day of June, 2007 in suit No.PLD/J/490/2006. The Appellants were the Defendants in the case while the Respondent was the Plaintiff in the case. The Plaintiff brought the matter under the undefended list and his claims were as follows:

1. The sum of N2,113,000.00 being the value of electrical items the plaintiff supplied to the defendants on credit at No.45 Church Street, Jos at various dates between May 2004 to June 2005 at the defendants' request but which the defendants have failed to pay despite repeated demands.

2. 25% interest on the said sum of N2,113,000.00 from 20th November, 2005 until judgment.

3. 10th interest on the said sum from the date of judgment till final liquidation.

On the 29th day of November, 2006, and in compliance with the Rules of Court, the Defendants filed a notice of intention to defend the s…

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