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CHAMPION BREWERIES PLC
V.
MATSGAL NIGERIA LTD.

(2009) JELR 46304 (CA)

Court of Appeal 26 Mar 2009 Nigeria
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Case Details

Suit Number:CA/C/41/2004
Judges:NWALI SYLVESTER NGWUTA Justice of The Court of Appeal of Nigeria MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria THERESA NGOLIKA ORJI-ABADUA Justice of The Court of Appeal of Nigeria
Counsel:C. N. Eke Esq. For Appellant A. B. Okoho Esq For Respondent

NWALI SYLVESTER NGWUTA, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment delivered on 14/7/2000 in the High Court of Justice, Akwa Ibom State sitting at Uyo. The Respondent as plaintiff in the Court below issued a writ in the Undefended List claiming against the appellants as defendant the sum of N2, 128,000.00, 21% per annum as interest on the sum from December, 1998 until judgment and 10% interest per annum from date of judgment till the judgment sum is liquidated.

Upon service on it of the order placing the Suit in the Undefended List and all other relevant processes the appellant filed a Notice of Intention to Defend the Suit and an affidavit allegedly disclosing a defence on the merit.

In a rather lengthy ruling the trial Court accepted the affidavit evidence of the Respondent, disbelieved the affidavit evidence of the appellant and entered judgment in the sum of N2,105,200.00 in favour of the Respondent. The Court awarded 10% per annum of the said…

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