Customer Support

MARK & ANOR. V.EKE

(2004) JELR 33731 (SC)

Supreme Court 23 Jan 2004 Nigeria
BriefBot icon

BriefBot Summary

Free

- The respondent, Gabriel Eke, filed a claim against the appellants, seeking the sum of N1,992,255.16k for money had and received by the defendants. - The plaintiff applied to have the writ placed under the undefended list, and the court gr

Case Details

Suit Number:SC.35/1997
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria
Counsel:E. A. Igwe, Esq. For Appellant Chief S. U. Akuma, (with him, Nwabueze Nwankwo, Esq., andChukwu Ofoegbu, Esq.) For Respondent
Other Citations:Mark v. Eke (2004) 5 NWLR (Pt.865)54 (2004) 1 S.C (Pt II) 1

MUSDAPHER, J.S.C. (Delivering the Leading Judgment):Gabriel Eke, the respondent herein was the plaintiff before the High Court of Abia State in the Aba Judicial Division holden at Aba, when he claimed against the appellants herein as the defendants jointly and severally as follows:

"The plaintiff claims against the defendants jointly and severally the sum of N1,992,255.16k (One million nine hundred and ninety two thousand, two hundred and fifty five naira and sixteen kobo) being money had and received by the defendant for a consideration that has failed."

The plaintiff filed along with the writ of summons the particulars of claim thus:

"(1) The plaintiff is a businessman and resident at Aba and his office at No. 86 Azikiwe Road, Aba within the jurisdiction of this honourable court.

(2) The first defendant is the Managing Director and Chief Executive of the 2nd defendant which has its registered office at 102 School Road, Aba within the jurisdiction of this honourable court.

(3) The p…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.