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INTEGRATED BUILDERS
V.
DOMZAQ VENTURES NIGERIA LTD.

(2004) JELR 45054 (CA)

Court of Appeal 6 Jul 2004 Nigeria
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- This is an appeal against a ruling in a case involving a claim for payment of electrical cables. - The trial court entered judgment in favor of the plaintiff in the absence of the defendants. - The 1st defendant filed a motion to set asid

Case Details

Suit Number:CA/I/99/2000
Judges:SAKA ADEYEMI IBIYEYE Justice of The Court of Appeal of Nigeria VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria
Counsel:Appellant unrepresented For Appellant O. A. Abiose, Esq. For Respondent
Other Citations:(2005) 2 NWLR (Pt. 909) 97, Integrated Builders v. Domzaq Vent. (Nig.) Ltd. (2005) 2 NWLR (Pt.909)67

IBIYEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Kolade, J. of Ibadan Judicial Division of the Oyo State High Court of justice delivered on the 2nd day of March, 1993.

The ruling is sequel to a judgment based on a writ of summons taken out against two defendants with an accompanying affidavit dated 17th day of June, 1993, setting out the grounds upon which the claim therein (the writ of summons) is based. The claim endorsed on the writ of summons is as follows:

"The plaintiff's claim against the defendants is for:

1. The sum of N422,000.00 (Four hundred and twenty-two thousand Naira) being the cost of the electrical cables supplied to the defendants which fell due for payment on February, 1993 and which the defendants have not paid despite repeated demands.

2. Interest on the said sum of N422,000.00 (Four hundred and twenty-two thousand Naira) at the rate of 15% per month from 20th February, 1993, until payment."

The trial court in the absence…

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