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GOODWILL COMPANY LTD.
V.
CALABAR CEMENT COMPANY LTD. (IN LIQUIDATION) & ORS.

(2009) JELR 33614 (CA)

Court of Appeal 11 Mar 2009 Nigeria
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- This is an appeal against the decision of the Federal High Court in Calabar, in which the trial Judge upheld the preliminary objection of the defendants that the action was statute barred and dismissed the suit. - The appellant company ha

Case Details

Suit Number:CA/C/62/2007
Judges:KUMAI BAYANG AKAAHS JCA JEAN OMOKRI JCA THERESA N. ORJI-ABADUA JCA
Counsel:Paul Oko, Esq., For the Appellant. George Neji, Esq.,A. U. Ekam, Esq., For the Respondent.

JEAN OMOKRI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Federal High Court, sitting in Calabar, Coram, Ajakaiye, J., in Suit No. FHC/CA/CS/66/2004 delivered on the 3/11/06, in which the trial Judge upheld the preliminary objection of 1st and 2nd respondents that the action was statute barred-and accordingly dismissed the suit.

The appellant company, as plaintiff, instituted proceedings against the 1st - 6th respondents, who were the defendants, before the trial court, on the 4/6/04 claiming at paragraph 50 of the statement of claim, which appears at page 12 of the record of appeal, as follows:

"(1) The sum of N285,000,000.00 (Two Hundred and Eighty-Five Million Naira) being fees for consultancy services and other charges rendered for the reactivation of the 1st defendant.

(2) 21% Central Bank interest rate from 10th day of December, 1997 until judgment, thereafter at the rate of 10% until the entire judgment sum is fully liquidated."

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