IKEM
V.
WAYMAKER PROPERTIES LTD.

(2007) JELR 44026 (CA)    

Court of Appeal  ·  CA/A/18/M/05 ·  22 May 2007 ·  Nigeria
CORAM
RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria MARY U. PETER-ODILI Justice of The Court of Appeal of Nigeria OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
plaintiff
1st defendant
respondent
way maker properties
2nd defendant
defendant
trial court
6th march
mr. valentine orji
exhibit a
general traverse
learned trial judge
general cause list
staff of way maker properties
3rd defendants
defendants
high court
leading judgment
part of the said transaction
receipt of the 1st defendant
said transaction
20th march
affidavit of the 2nd defendant
agency fee
agent of the respondent
court processes
determination of the following claims
documentary evidence
finding of the learned trial judge
genuineness of exhibit
imo state environmental sanitation authority
learned counsel
matter of necessity state
member of way maker properties
mr. monday abua
paragraph statement of claim
paragraph statement of defence
personal old property
proper determination of the matter
property manager
property of the 1st defendant
proper way
said decision of the trial court
said motion
sufficient denial of statement of facts
sum of n600
trial court property

MARY U. PETER-ODILI, JCA (Delivering the Leading Judgment) The appellant as Plaintiff at the High Court 9 sitting at Abuja and presided over by Han. Justice Salisu Garba, brought an action against the Defendants therein through the undefended list by writ of summons filed on the 20th March 2003 seeking the determination of the following claims:-

(a) The sum of N600, 000. 00 (Six Hundred Thousand Naira) only being the outstanding debt due from the Defendant to the Plaintiff for the sum of N2,200,000.00 (Two Million, Two Hundred Thousand Naira) only representing two years rent plus 10% agency fee for 1 unit 3 Bedroom Flat with Boys Quarters at Garki Abuja (vide pages 1- 5 and 11- 12 of the record).

The 1st Defendant/Respondent on the 25th February 2003 filed a Notice of Intention to Defend together with an Affidavit and an Annexure "A" (An affidavit of the 200 Defendant who was at all material times not being represented by the 1st Defendant's counsel).

The said motion was taken and gr…

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