(2018) JELR 40305 (CA)    

Court of Appeal  ·  CA/B/218/2011 ·  18 Jan 2018 ·  Nigeria
JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
nwlr part
2nd respondent
learned counsel
learned trial judge
following cases
set aside
nlr page
fwlr part
determination of the appeal
suit no. ehc
1st respondent
behalf of the respondent
court finds
humble view
leading judgment
own case
scnj page
appellants brief of argument
default judgment
delta state of nigeria
determination of this application
facts of the case
final judgment
following grounds
following orders
following terms
judgment of the court
lack of service
order of the lower court
original notice of appeal
paragraphs e h.
proof of service of hearing notice
rules of court
ruling of the delta state high court
ruling of the high court of justice
said case
service of the process

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the Ruling of the High Court of Justice, Delta State of Nigeria, Effunrun Judicial Division in Suit No. EHC/436/2000 between MACFRANKLYN ENGINEERING SERVICES LTD V. (1) DAEWOO NIGERIA LIMITED (2) CHRIS IHEAGWARA delivered on the 8th day of April 2011.

Briefly, the facts of the case are that by an amended statement of claim, the 2nd Respondent who was the Plaintiff at the lower Court sued the Appellant who was the Defendant before the lower Court in the following terms: -

(i) The sum of (N3,939,006.90) Three Million, Nine Hundred and Thirty-nine Thousand and Six Naira, Ninety kobo, being the cumulative unpaid invoices due but not paid by the Defendant.

(ii) 22% interest on the unpaid sum from 1988 till final Judgment, and thereafter 10% till when actual payment is made.

By an Order of the lower Court, the 1st Respondent was joined as a party.

Pleadings were duly exchanged between the parties and the cas…

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