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DALA AIR SERVICES LTD
V.
SUDAN AIRWAYS LTD

(2004) JELR 52503 (CA)

Court of Appeal 9 Aug 2004 Nigeria
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Case Details

Suit Number:CA/K/225/2001
Judges:ISA AYO SALAMI JCA (Presided) BABA ALKALI BA'ABA JCA ABUBAKAR ABDULKADIR JEGA JCA (Read the Lead Judgment)
Counsel:Mr. D. Olaniyan - for the Appellant. -*- Mr. J. K. Bature - for the Respondent.

JEGA JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Kano State High Court of Justice, sitting at Kano, in suit No. K/57/2001, delivered on the 13th day of June, 2001, by Haliru J. The facts of this case as can be gathered from the record of proceedings are as follows:- The respondent commenced this action under the undefended list procedure against the appellant. The respondent’s claim before the lower court as endorsed on the writ of summons are as follows: “1. The sum of N14,931,900.00 (fourteen million, nine hundred and thirty one thousand, nine hundred naira), being the unremitted sales proceeds of the plaintiff’s air tickets entrusted to the defendants.

The court rate interest of 10% per annum on the judgment sum from the day of the judgment, until full and final liquidation of the same. The cost of filing and prosecuting this action as well as legal costs.”

Before the matter went to court, the plaintiff in the lower court who is an airline, mai…

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