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LAMURDE LOCAL GOVT.
V.
KARKA & ANOR

(2010) JELR 47647 (CA)

Court of Appeal 14 Jan 2010 Nigeria
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- The respondent (plaintiff) sued the appellant (defendant) in the High Court of Justice, Yola, for payment of N2,215,000 being the cost of hiring block-moulding machinery and a generator, or alternatively, as loss of earnings for the perio

Case Details

Suit Number:CA/J/32/2006
Judges:IBRAHIM MOHAMMED MUSA SAULAWA 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:O. MADUABUCHI For Appellant For Respondent

ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering the Leading Judgment): A writ of summons was taken out of the High Court of Justice Yola, by the respondent as plaintiff on the 1st of June 2001, against the appellant, as defendant. The statement of claim prayed for the following reliefs against the appellant:-

(a) The sum of two million, two hundred and fifteen thousand naira being money due from the defendant to the plaintiff as cost of hiring the plaintiff's Block Moulding Machine and Power Generating Set between 10th January, 2000 and 10th of January, 2001, or in the alternative as loss of earning from the machineries for the period the Defendant kept same in its custody.

(b) 10% interest on the sum of N2,215,000.00 (Two Million, Two hundred and fifteen Thousand Naira) from January, 2001 until the date of judgment and thereafter at 10% per annum until the judgment debt is finally liquidated.

The facts as disclosed at the trial High Court, show that the respondent entered into a contractua…

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