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…

MARADUN V. TAMBUWAL

MARADUN
V.
TAMBUWAL