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LAMU
V.
BONGDEN

(2017) JELR 37449 (CA)

Court of Appeal 4 Jul 2017 Nigeria
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Case Details

Suit Number:CA/J/344/2016
Judges:AHMAD OLAREWAJU BELGORE Justice of The Court of Appeal of Nigeria FATIMA OMORO AKINBAMI Justice of The Court of Appeal of Nigeria PAUL OBI ELECHI Justice of The Court of Appeal of Nigeria
Counsel:K.D. Damulak, Esq. For Appellant N.I. Darong, Esq. with him, I.O Onah, Esq. For Respondent

FATIMA OMORO AKINBAMI, J.C.A. (Delivering the Leading Judgment): The Respondent by an order of the High Court, Jos, Plateau State dated 16-07-2015 took out a Writ of Summons against the Appellant under the Undefended List where the claim of the Respondent against the Appellant is for the sum of N1,711,000.00 with 10% interest on the Judgment sum per annum from date of Judgment until final liquidation. Upon service on the Appellant, he filed a notice of intention to defend. The Court thereafter considered the Appellants' process and ruled in his favour, on 18-09-2015. Subsequently, the matter was transferred to the general cause list for hearing. Parties were ordered to file pleadings.

The Respondent filed a 31 paragraph Statement of Claim while the Appellant denying liability filed a Statement of Defence of 17 paragraphs. The Respondent filed a 3 paragraph Rely to the statement of Defence. In proof of his claim, the Respondent testified and called four witnesses and tendered some Exhib…

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