MARADUN
V.
TAMBUWAL

(2015) JELR 45758 (CA)    

Court of Appeal  ·  CA/S/141/2013 ·  4 Mar 2015 ·  Nigeria
CORAM
PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria TUNDE OWOADE AWOTOYE Justice of The Court of Appeal of Nigeria M. L. SHUAIBU Justice of The Court of Appeal of Nigeria
Core Terms Beta
defendant
respondent
court
defence
hausa language
undefended list
english translation
request of the defendant
fact of this sale
jurisdiction of this honourable court
issues
said written acknowledgment
grounds of appeal
learned trial judge
plot of land
writ of summons
said written acknowledgement
sum of n70,500,000.00
supporting affidavit
good defence
local government area
trial court
account of loans
frustration of contract
suit no. ss
constitutional right of fair hearing of the appellant
court rate
defendant paragraphs
exhibit debt a
general election
general elections
ground notice of preliminary objection
hearing of the substantive suit
honourable court
ibrahim abdullahi of counsel
issue no.1
leading judgment
learned counsel
letter of demand
naic v wema security
paragraph affidavit
provisions of the law
relevant paragraphs of the affidavit
respect of the appeal
such orders
sufficient monies
undefended list cause

TUNDE O. AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the Judgment in respect of the appeal filed by the appellant on 12/07/2013 against the judgment of M.U. Dogondaji J. delivered on 17/6/2015 in suit No. SS/17/2013.

The plaintiff's claim against the defendant at the court below as per the writ of summons issued on 20/3/2013 read thus

"a. The sum of N70,500,000.00 (Seventy Million, Five Hundred Thousand Naira) being debt owed to the plaintiff by the defendant on account of loans granted and consideration for goods sold and delivered by the plaintiff to the defendant.

b. Interest at the rate of 21% on the sum of N70,500,000.00 (Seventy Million, Five Hundred Thousand Naira) from 21/3/2011 until judgment and thereafter at court rate of 10% until satisfaction thereof.

c. Cost

d. And such orders as this honourable court may deem fit to make in the circumstances"

The plaintiff sought and obtained leave to mark the writ "undefended list" The motion and the exhibits attac…

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