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AFRIBANK NIGERIA PLC.
V.
MEDICAL CONSULTANT SERVICES LTD. & ANOR.

(2011) JELR 46089 (CA)

Court of Appeal 23 Feb 2011 Nigeria
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Case Details

Suit Number:CA/L/73/02_2
Judges:ADZIRA GANA MSHELIA Justice of The Court of Appeal of Nigeria JOHN INYANG OKORO Justice of The Court of Appeal of Nigeria MOHAMMED AMBI-USI DANJUMA Justice of The Court of Appeal of Nigeria
Counsel:F.S. Ogundana; For Appellant Oranmiyan Biobaku For Respondent

MOHAMMED AMBI-USI DANJUMA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the ruling of Hon. Justice Y.A. Adesanya sitting at the High Court of Lagos state, delivered on the 25th of January, 2002. The Respondents as Plaintiffs in the lower court commenced an action against the Appellant by a specially endorsed writ of summons and statement of claim dated 19th March, 2001 claiming the sum of N2,329,970.50 being unpaid medical bills for medical services rendered to the staff of the Appellant under an agreement for medical services made between the Respondents and the Appellant dated 1st January, 1994.

The Appellant, through its counsel entered a conditional appearance to the suit and filed a statement of defence dated 11/4/2001 and 15/6/2001 respectively. Thereafter, the Respondents filed a summons for Judgment under order 11 of the High court of Lagos state (Civil Procedure) Rules 1994 dated 16/10/2001. In response, the Appellant filed an affidavit showing cause dat…

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