EFFANGA
V.
ROGERS

(2002) JELR 44466 (CA)

Court of Appeal · CA/C/131/2001 · 20 Nov 2002 · Nigeria

CORAM

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

appellant

case

defendant

learned trial judge

plaintiff

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

issues

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…

EFFANGA V. ROGERS

EFFANGA
V.
ROGERS