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AKPAN
V.
AKWA IBOM PROPERTY & INVESTMENT COMPANY LTD.

(2013) JELR 35863 (SC)

Supreme Court 14 Jun 2013 Nigeria
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- The appellant (plaintiff) sought judgment under the undefended list procedure at the Uyo High Court, claiming N13,169,847.71 as outstanding professional fees and 21% interest, based on an alleged agreement that the fees would be calculate

Case Details

Suit Number:SC.96/2008
Judges:WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria MUHAMMED SAIFULLAH COOMASSIE Justice of The Supreme Court of Nigeria SULEIMAN GALADIMA Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria
Counsel:M.D. Uyoh Esq. For Appellant Respondent though served with Hearing Notice on 2/1/2013, was absent and no appearance for him. For Respondent

SULEIMAN GALADIMA, J.S.C. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Court of Appeal (now referred to as the Court below) in Suit No.CA/C/141/2004 delivered on 28th June, 2007. The Appellant herein, as plaintiff had instituted through an undefended list procedure against the Respondent as Defendant at the Uyo High Court (Akwa Ibom) in Suit No.HV/UND.3/2/2004 claiming N13,169, 847.71 (thirteen Million, One Hundred and Sixty Nine Thousand, Eight Hundred and Forty Seven Naira, Seventy one Kobo) being the balance due and payable to the Plaintiff by the Defendant as his professional fees on a Survey Contract awarded to the Plaintiff and 21% interest on the said amount claimed, until it is finally liquidated.

The learned trial Judge entered Judgment in an undefended list action in favour of the Appellant. The Respondent company which could not file notice of intention to defend the cause was not satisfied with the Judgment and so appealed to the court b…

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