(2003) JELR 44888 (CA)    

Court of Appeal  ·  CA/C/44/2002 ·  10 Jun 2003 ·  Nigeria
Other Citations
Ikpala Est. Hotels Ltd. v. N.E.P.A. [2004] 11 NWLR (Pt.884)249
Ikpala Est. Hotels Ltd. v. N.E.P.A. (2004) 11 NWLR (Pt. 884) 249
RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria SIMEON OSUJI EKPE Justice of The Court of Appeal of Nigeria ISTIFANUS THOMAS Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
court of appeal act
civil procedure
affidavit of the respondent
contentious issues
ground of appeal
notice of appeal
public holiday
notice of intention
sum of n351
ground of appeal questions
hotel accommodation
preliminary objection
trial court
extension of time
mr. a. o. enang
competence of the appeal
competence of this appeal
decision of the learned trial judge
facts of the case
high court of cross river state
judgment sum
lower court
wrong application of law
27th day of august
appellant provided hotel accommodation
behalf of the respondent
calabar office of the respondent
case of bank of the north ltd. v
circumstances of this case right
day of delivery of judgment
decision of emilia ibok
following rules
following terms
full trial
instance of the defendant
leading judgment
manager of the appellant
public holidays
registry of this court
respondent of part of the appellant
ruling of the learned trial judge
said n351
staff of the defendant
such appellate remedies
view of the unequivocal admission of the principal claim

RAPHAEL OLUFEMI ROWLAND, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Emilia Ibok, J. in suit No. HC/53/2002 delivered at the High Court of Cross River State, Calabar Division, dated the 27th May, 2002.

The plaintiff took out a writ of summons against the defendant in the following terms:

"1. The sum of N351, 095.00 (Three hundred and fifty one thousand and ninety five Naira) only being debt owed the plaintiff since 25th September, 1997 arising out of the Hotel accommodation and feeding provided for one Mr. A. O. Enang, a staff of the defendant at the instance of the defendant which the defendant has failed to settle despite repeated demands.

2. 10% interest on the said N351, 095 .00 from the 25th September, 1997 until judgment is delivered.

3. 10% interest on the judgment sum from the day of delivery of judgment till liquidation.

4. N5, 000.00 being out of pocket expenses."

The facts of the case are not in dispute and they are straightforward. O…

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