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(2013) JELR 40854 (CA)

Court of Appeal 9 Dec 2013 Nigeria
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- The respondents (plaintiffs) commenced a debt recovery action under the Kano State High Court’s undefended list procedure, claiming N9,514,000 for airline tickets and related reliefs. The appellant (defendant) filed a notice of intention

Case Details

Suit Number:CA/K/256/2012
Judges:THERESA NGOLIKA ORJI-ABADUA Justice of The Court of Appeal of Nigeria ITA G. MBABA Justice of The Court of Appeal of Nigeria HABEEB ADEWALE ABIRU Justice of The Court of Appeal of Nigeria
Counsel:Omereonye Morgans C. Esq., For Appellant B.Y. Gambo Esq., For Respondent

ITA G. MBABA, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the judgment of Kano State High Court in Suit No. K/94/2012, delivered by IBRAHIM MUSA KARAYE J on 23/4/2012, where the trial court entered judgment for the Plaintiff's (Respondents herein), upholding the claims of the plaintiff and granting the monetary award therein. The case was a matter earlier placed on the undefended list for hearing and determination by the learned trial Court. Appellant (who was the Defendant at the court below) was dissatisfied with the decision and so brought this appeal.

At the lower court, the plaintiffs' claim was for:

a. "The sum of N9,514,000 (Nine Million Five Hundred and Fourteen Thousand Naira) only (being debt owned by the Defendant to the Plaintiff i.e. cheque issue for purchase of Egypt Airline tickets in favour of the Defendant's customers)

b. Court interest at the rate of 10% till the whole judgment sum is liquidated

c. Cost of filing and prosecuting this suit".

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