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ILESHA LOCAL PLANNING AUTHORITY
V.
OLAYIDE

(1993) JELR 80157 (CA)

Court of Appeal 8 Nov 1993 Nigeria
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Case Details

Suit Number:CA/I/218/87
Judges:Isa Ayo Salami, J.C.A. Rabiu Danlami Muhammad, J.C.A. Sylvanus Adiewere Nsofor, J.C.A.
Counsel:A.A. Fayokun for the Appellant E.A. Adelekun for the Respondent
Other Citations:(1995) 5 NWLR PT 342 P 91, (1995)5 NWLR PT 342 P 91, (1993) JELR 80089 (CA)

SALAMI, J.C.A. (Delivering the Leading Judgment): The appellant herein instituted an action in the erstwhile High Court of Oyo State of Nigeria, in Ilesa Judicial Division holden at Ilesa (presently in Osun State of Nigeria) claiming in the following terms -

"The recovery of the sum of ₦5,547.70 (FIVE THOUSAND FIVE HUNDRED AND FORTY-SEVEN NAIRA SEVENTY KOBO) being the outstanding balance of the vehicle loan plus administrative charges thereon granted by the plaintiff to the defendant at his own request in the month of May, 1981."

The defendant filed a defence to the claim and counter-claimed. The counter claim is copied immediately hereunder: -

"8. The defendant counterclaims against the claim of the plaintiff, the following -
(a) Allowance from 1/1/82 until 31/7/82 at ₦500 per month i.e. 7 months at ₦500 total ₦3,500.00.
(b) Allowance at the same fate as in (a) from 31/7/82 until the end of this action."

The basis of this claim is the letter issued by the Oyo State Ministry of Local Govern…

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