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ITF GOVERNING COUNCIL & ANOR

(2013) JELR 35333 (CA)

Court of Appeal 19 Dec 2013 Nigeria
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- The Respondents filed an Originating Summons seeking a declaration that the Defendant has defaulted in complying with their enabling statutes by not contributing to the Plaintiffs the required amount. - The Appellant entered a Conditional

Case Details

Suit Number:CA/L/738/2008
Judges:AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria
Counsel:Uche V. Obi, Esq., with A. C. Uwakwe, Esq. For Appellant Gbenro Gbadamosi, Esq., For Respondent

AMINA ADAMU AUGIE, JCA (Delivering the Leading Judgment): By an Originating Summons dated 28/11/2006; filed at the Federal High Court, Lagos, the Respondents as Plaintiffs, prayed the Court for the following reliefs -

(a) A DECLARATION that the Defendant has defaulted in complying with the Plaintiffs' enabling statues by not contributing to the Plaintiffs, the total mandatory 1% of the aforesaid Defendant's gross pay-roll for the year 2001 - 2004 and 5% monthly penalty for such default.

(b) AN ORDER for immediate payment or remittance by the Defendant of the outstanding sum of N101, 536,761.00 to the Plaintiff.

(c) 5% statutory pre-judgment monthly interest on the debt arising from the Defendant's default from May 2004 till date of judgment

(d) 10% interest on the judgment sum from date of Judgment until the sum is finally liquidated.

(e) The cost of this action.

The Appellant entered a Conditional Appearance on 1/6/2007, without more. The Respondents later filed an Application dated …

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