FIRST BANK OF NIGERIA, PLC
V.
I.A.S. CARGO AIRLINES NIGERIA LTD

(2011) JELR 45971 (CA)    
Court of Appeal  ·  CA/L/774/2008 ·  27 Jun 2011 ·  Nigeria
CORAM
OLUKAYODE ARIWOOLA Justice of The Court of Appeal of Nigeria IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria ADAMU JAURO Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
defendant
interest
statement of defence
counter claim
issues
lower court
statement of claim
civil procedure
issue no.
final judgment
judgment sum
inter alia
learned counsel
ruling of the court
sum of n7,581,213.94
sum of n8,435,363.88
court of appeal rules
first issue
respective briefs of argument
said statement of defence
counter affidavit
instant appeal
second issue
triable issues
alternate prayer of the claims
anr vs. paper sack nig
award of interest
cross river state
defence of the suit
defunct court of appeal rules
e0-vis
following orders
ground of appeal
leading judgment
notice of appeal
paramount view
plaintiff vide courier services
principle of set-off
registry of the lagos state high court
respondent vide admission
said counter affidavit
such issues
suit no. id
virtue of paragraphs

I.M.M. SAULAWA, J.C.A. (Delivering the Leading Judgment): The notice of appeal for the instant appeal was filed on October 26, 2005 in the registry of the Lagos State High Court, Lagos Judicial Division. The appeal is a fall-out of the ruling of the court below, which was delivered by the Hon. Justice A.A. Phillips on the date in question in Suit No. ID/953/04. By the said ruling, the court below entered a judgment, in limine, against the Appellant in the sum of N7,581,213.94 at 21% interest per annum from 13/12/02 to 26/10/05, and 6% until the judgment is fully liquidated.

FACTS AND CIRCUMSTANCES LEADING TO THE APPEAL:

It's discernible from the record of appeal, that on April 28, 2004 the Respondent filed in the court below both a writ of summons and a 24 paragraphed statement of claim seeking, against the Appellant, the following reliefs:

1. The sum of N8,435,363.88 representing the outstanding balance due to the Plaintiff vide courier services rendered for the period September to O…

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