(2011) JELR 46039 (CA)    

Court of Appeal  ·  CA/C/85/2010 ·  18 May 2011 ·  Nigeria
KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria ISAIAH OLUFEMI AKEJU Justice of The Court of Appeal of Nigeria
Core Terms Beta
mr. egodo
terms of settlement
lower court
writ of summons
adjourned date
consent judgment of the court
jurisdiction of the court
learned trial judge
mr. anjor
name of the 2nd defendant
absence of the appellant
building material
court of law
cross river state high court
fair hearing
hearing dates
intagro ltd. v. bassey
irrefutable proof
isaiah olufemi akeju
judgment of the court
judgment of the lower court
judgment sum
kumai bayang akaahs
leading judgment
massoud abdulrahman oredola
mr. o. n. agbor
notice of appeal
plaintiffs counsel
preview of the lead judgment
return of the plaintiff
rule of court
said judgment
service of a court process
service of process
such service
suit no.hm
sum of n17,426,085.20
supposed agreed terms of settlement
very matter

KUMAI BAYANG AKAAHS, J.C.A. (Delivering the Leading Judgment): The plaintiff's claims against the Defendant jointly and severally as endorsed on the Writ of Summons issued in suit No.HM/101/2002 on 8/5/2002 are as follows:

1. The sum of N17,426,085.20 (Seventeen Million, Four Hundred and Twenty-Six Thousand, Eight-Five Naira, Twenty kobo) being special and general damages for breach of contract with interest at the rate of 36% per annum with monthly rates from June, 2001 until the judgment sum is liquidated.

2. The return of the plaintiff's building material left on site but detained by the Defendants, or their value, and N10,000,000.00 (Ten Million Naira) general damages for detinue.

The defendants filed a Memorandum of appearance on 19/6/2002. On 24/7/2002 the plaintiff filed the Statement of Claim. On 28/1/2003 the court heard a motion dated 13/1/2003 but filed on 15/1/2003 and granted the defendant's counsel leave to enter appearance out of time (See page 33 of the records). On 13…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login