(2014) JELR 39693 (CA)    

Court of Appeal  ·  CA/IL/59/2013 ·  28 Oct 2014 ·  Nigeria
HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria MUSA HASSAN ALKALI Justice of The Court of Appeal of Nigeria
Core Terms Beta
judgment of the high court of kwara state
learned trial judge
trial court
paragraph affidavit
lower court
directors of the appellant
supply contract
nworah vs. akputa
learned trial
triable issues
way of the undefended list procedure
learned counsel
amedus integrated service ltd.
notice of intention
leading judgment
high court judge
brand of generators
high court
cost of this suit
trial judge
general cause list
crux of the respondent
jipreze vs. okonkwo
first issue
contract agreement
exhibits b1
obaro vs. hassan
contract of supply
contention of the learned counsel
said amedus integrated service ltd
considered view
triable issue
civil procedure
mr. steve ojukwu
condition precedent
merit of the appellant
transfer of the suit
trial court ought
firm view
supporting affidavit
background facts
starting point

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Kwara State, sitting in Ilorin, delivered by T. S. Umar, J on the 8th day of February, 2013.

The Respondent herein was the plaintiff in the lower court and in his writ of summons against the Appellant claimed as follows:

1. "The claimant claims the sum of Four Hundred and Twenty Six Thousand Naira (N426,000) against the defendant being the amount due to claimant out of Five Hundred Thousand agreed upon with defendants as claimant's commission for bringing the supply contract to defendant and which defendants have failed, refused and or neglected to pay.

2. Interest of 10% per annum from the date of judgment until the judgment debt is fully and finally liquidated.

3. Cost of this suit."

The background facts are that the respondent herein i approached one Mr. Steve Ojukwu (the 1st defendant at the lower court) one of the directors of the appellant, informing him of a pend…

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