(2011) JELR 45935 (CA)    
Court of Appeal  ·  CA/L/504/2010 ·  4 Jul 2011 ·  Nigeria
CLARA BATA OGUNBIYI 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
Core Terms Beta
learned trial judge
summary judgment
triable issue
trial court
good defence
statement of defence
abuse of process
civil procedure
learned counsel
statement of claim
trial judge
2nd april
abuse of the court process
additional record of appeal
exhibit c
exhibits ae1
paragraphs counter affidavit
rules of court
said sum
trial of the action
affidavit evidence
cumulative summary of the findings
disposing of the case
final judgment
final judgment debt
following reliefs
following words
honourable court
lagos state
leading judgment
paragraphs affidavit
part of the issue
product of a ruling of the high court
purpose of summary judgment
question of triable issues
said paragraphs
such facts
suit no. id
summary judgment proceedings
sum of usd111,748
view of the above facts

CLARA BATA OGUNBIYI, J.C.A, (Delivering the Leading Judgment): The appeal at hand is a product of a ruling of the High Court of Lagos State sitting at Ikeja delivered on the 4th day of February 2010, and was made following the Claimant/Respondents' application dated 2nd April, 2009 wherein the following reliefs sought were as follows:-

(1) An Order entering final judgment against the Defendants jointly and severally in the sum of USD111,748,09 (One hundred and eleven thousand, seven hundred and forty eight dollars and nine cent) being debts owed the Claimant by the Defendants in respect of goods supplied to the Defendants which the Defendants have defaulted to pay for.

(2) An order directing the Defendants to pay interest on the said sum at the rate 45% per annum from August 4, 2004 till full and final judgment debt is paid.

(3) An order directing the Defendants to pay N2,000,000:00 (Two Million Naira) general damages to the claimant."

The application was supported by a 13 paragraphs …

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