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ESEIGBE ENGINEERING CO. LTD
V.
AIKHOMU & ANOR

(2018) JELR 39125 (CA)

Court of Appeal 1 Feb 2018 Nigeria
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Case Details

Suit Number:CA/B/224/2010
Judges:UZO IFEYINWA NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria MOHAMMED AMBI-USI DANJUMA Justice of The Court of Appeal of Nigeria OBANDE FESTUS OGBUINYA Justice of The Court of Appeal of Nigeria
Counsel:E. O, Afolabi with him, E. C. Abedonego, E. E. O. Uhoho (Mrs.) and O. Osula For Appellant For Respondent

UZO IFEYINWA NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Edo State delivered on 11th February, 2010 by Hon. Justice P. I. Imoedemhe.

By a Writ of Summon together with an Amended Statement of Claim dated 22nd May, 2006, the Plaintiff now Appellant claimed against the 1st and 2nd Defendants now 1st and 2nd Respondents respectively as follows:-

1. The sum of N8,916,918.51 (Eight Million, Nine Hundred and Sixteen Thousand, Nine Hundred and Eighteen Naira, Fifty-One Kobo) only being the unpaid balance for work done inclusive of retention fee.

2. Interest at the rate of 35% per annum on the unpaid sum from May 1998 till the date of judgment.

3. 10% interest on judgment sum per annum from date of judgment until the entire money is paid.

4. General damages in the sum of N300,000.00 (Three Hundred Thousand Naira) only.

The Respondents filed an Amended Joint Statement of Defence dated 5th June, 2006 to which the Appellant filed…

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