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KAHTAN
V.
MUZAKH ENGINEERING COMPANY LTD.

(2010) JELR 33699 (CA)

Court of Appeal 7 Jul 2010 Nigeria
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Case Details

Suit Number:CA/J/84/2002
Judges:ZAINAB A. BULKACHUWA Justice of The Court of Appeal of Nigeria UZO I. NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria ABUBAKAR DATTI YAHAYA Justice of The Court of Appeal of Nigeria
Counsel:A. J. Igoche Esq., For Appellant O.N. Omovie Esq., For Respondent

ZAINAB A. BULKACHUWA. J.C.A.(Delivering the Leading Judgment): By a writ of summons filed before the High Court of Justice Borno State on the 18th day of May, 2000 coram Zannah J., (as he then was) the respondent as plaintiff claimed the following reliefs;

'Whereof the plaintiff claims against the defendant the following reliefs;

(a) Specific performance for the payment to the plaintiff, the total sum of N13,478,531.78k (Thirteen Million, four hundred and seventy eight thousand five hundred and thirty one naira, seventy eight kobo), as agreed in the contract dated 15th September. 1998.

(b) 21% interest annually, thereon from the 30th of July. 1998 till judgment.

(c) 10% interest monthly from judgment till it is fully liquidated.

(d) N5.000.000.00 being general damages.

The defendant entered appearance on the 25th September, 2000 and parties after exchange of pleadings joined issued and the matter went into trial. The plaintiff testified, called two other witnesses and tendered four ex…

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