(2002) JELR 44466 (CA)    

Court of Appeal  ·  CA/C/131/2001 ·  20 Nov 2002 ·  Nigeria
DENNIS ONYEJIFE EDOZIE Justice of The Court of Appeal of Nigeria SIMEON OSUJI EKPE Justice of The Court of Appeal of Nigeria SULE AREMU OLAGUNJU Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
fair hearing
undefended list
hearing notice
trial court
20th june
cross river state high court
proof of service
11th june
absence of the appellant
court processes
leading judgment
liquidated money demand
lower court
notice of the proceedings
originating processes of the court
power of attorney
record of proceedings
brief of argument
high court
notice of intention
opposing party
said property
suit no. hc
adjourned date
affidavit of the respondent
appellant of his right
calabar high court of cross river state
complete agreement
copies of the photographs of the different views
decision of the learned trial judge
enter judgment
exhibits c
following cases
judgment of edem j.
legal obligation
name of the filing of notice
place of hearing
plaintiff claim
relevant processes
return date

SIMEON OSUJI EKPE, J.C.A. (Delivering the Leading Judgment): This appeal emanates from the judgment of Edem J. delivered at Calabar High Court of Cross River State on the 25th of June, 2001 in suit No. HC/195/2001. In that suit, the Plaintiff claimed in the writ of summons against the Defendant as follow.

"The Plaintiff's claim is for N850, 000.00 (Eight Hundred and Fifty Thousand Naira) being 5% agency/commission fee due and owing to the Plaintiff following a Power of Attorney donated by the defendant to the Plaintiff to sell the defendant's property lying and situate at No. 2 Ibom Layout, off Marian Extension. The Plaintiff as Attorney/Agent of the defendant did fulfil his obligations as demanded of him and the said property was eventually sold in the sum of N17 million during the subsistence of the Power of Attorney.

And the Plaintiff claim (sic) the said sum with 21% interest from 26th March, 2001 until the principal sum is fully liquidated and cost of this action."

The Suit was o…

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