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F.R.C.N.
V.
NWANKWO

(2011) JELR 56875 (CA)

Court of Appeal 9 Mar 2011 Nigeria
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- The appellant appealed the judgment of the Federal High Court, Kaduna, entered against it on the undefended list for N8,447,470.66 (consultancy fees and interest), contending the claim was not for a liquidated sum and that the High Court

Case Details

Suit Number:CA/K/252/2006
Judges:MARY U. PETER-ODILI JCA (Presided and Read the Lead Judgment) JOSEPH TINE TUR JCA OBANDE F. OGBUINYA JCA
Counsel:C.C. Eze - for the Appellant. -*- G. Akobueze, Ngozi Ike (Miss) - for the Respondent.

PETER-ODILI JCA (Delivering the Lead Judgment): This is an appeal from the judgment of the Federal High Court, Kaduna, presided over by Hon. Justice A. M. Liman. The suit came by way of an “undefended list” procedure.

The respondent as plaintiff sued the appellant (defendant) claiming the sum of N8,447,470.66k (eight million, four hundred and forty-seven thousand, four hundred and seventy naira, sixty-six kobo), being cost of consultancy services rendered to the appellant in 2001 and 21% interest per annum from 20April 2004 until judgment and thereafter at 10% interest per annum until liquidation of the entire debt. The appellant as defendant filed a notice of intention to defend the suit and challenged the competence of the suit upon grounds that the claim did not in law constitute a liquidated sum and was not fit to be placed on the undefended list. After arguments from counsel, the court below entered A judgment for the respondent as plaintiff.

Beingdissatisfied, the appellant file…

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