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DASOFUNJO
V.
AJIBOYE

(2017) JELR 38092 (CA)

Court of Appeal 4 May 2017 Nigeria
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Case Details

Suit Number:CA/IL/120/2016
Judges:CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria BOLOUKUROMO MOSES UGO Justice of The Court of Appeal of Nigeria
Counsel:S.A. Bamidele with him, Joseph Obate and Johnson Adeosun For Appellant Chief Ogunloye with him, F.A. Ahmed and S. Ahmed For Respondent

HAMMA AKAWU BARKA, J.C.A. (Delivering the Leading Judgment): The Respondent on the 15th of June, 2016, caused a writ of summons under the undefended list procedure to issue against the appellant claiming for the following reliefs:-

1. The sum of four Million Two Hundred thousand Naira (4,200,000.)

2. Interest at the Current Bank Rate Interest Per Annum on the total sum of Four Million Two Hundred Thousand Naira Only (N4,200,000) from the month of October 2015, till the Judgment in this Suit and thereafter, or 10% Per Annum until the final liquidation of the whole amount.

3. The cost of this action.

A 27 paragraph affidavit deposed to by Alhaja Rukayat Titilayo Ajiboye, (the Plaintiff) was filed in support of the writ. Also attached to the affidavit are two demand letters, written by Chief Teju Ogunloye of learned counsel for the plaintiff, addressed to the appellant and dated the 14/10/15 and 9th May, 2016 respectively.

In the affidavit filed along with the Writ, The plaintiff stated there…

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