(2014) JELR 40212 (CA)    

Court of Appeal  ·  CA/L/331/2005 ·  20 Feb 2014 ·  Nigeria
RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria TIJJANI ABUBAKAR Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st defendant
record of appeal
general cause list
1st appellant
sum of n35,876,376.97
triable issues
2nd defendant
credit facilities
notice of intention
oral evidence
learned trial judge
list procedure
sole issue
26th june
equipment leasing agreement
import finance
lower court
support of intention
1st day of may
1st may
equipment leasing
liquidated sum
respective parties
undefended list proceedings
akpan v. a.i.p.
claim ownership
copy of plaintiff letter
cost of this suit
further affidavit
further affidavit of intention
import finances
lagos state
leading judgment
notice of appeal
open letter of credit
paragraphs affidavit
said n35,876,376.97
sijpport of their notice of intention
such terms
sums of money
support of the claim
support of the writ of summons
transfer of a suit

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment); The Respondent at the lower Court had by Writ of Summons marked UNDEFENDED LIST, dated and filed 11th August 2003, claimed against the Appellant the following

(a) Thirty-five million eight hundred and seventy-six thousand, three hundred and seventy six naira, ninety-seven kobo (N35,876,376.97) jointly and severally or at the alternative against the Defendants being the credit facilities granted by the Plaintiff to the 1st Defendant and guaranteed by the 2nd Defendant and the repayment of which the Defendant have failed, neglected and omitted to repay despite the Plaintiff's repeated demand.

(b) The Plaintiff also claims interest at 24% per annum on the said N35,876,376.97 from 1st May, 2003 until Judgment debt is fully and finally liquidated. The Plaintiff also claims cost of this suit - pages 1-2 of the Record of Appeal.

The claim was for a liquidated sum, and it was supported by an affidavit in support, of 22 paragraphs,…

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