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MBAHI
V.
FIXITY INV. ENT. CO. LTD.

(2004) JELR 77287 (CA)

Court of Appeal 28 Jun 2004 Nigeria
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Judges:ISA AYO SALAMI, J.C.A. (Presided), BABA ALAKALI BA'ABA, J.C.A., STANLEY SHENKO ALAGOA, J.C.A. (Read the Leading Judgment)
Counsel:T.T. Hyunde, Esq. - for the Appellant T.T. Abbe, Esq. - for the Respondent
Other Citations:(2005) 3 NWLR (Pt. 912) 384

ALAGOA, J.C.A. (Delivering the Leading Judgment): This is an appeal by the 3rd defendant (now appellant) against the judgment of Adamu, J. of the High Court of Justice Kano which was delivered on the 15th March, 2001. Briefly the facts are that the respondent (then plaintiff) took out a writ of summons against the appellant and two other defendants. The claim was for a liquidated sum of N250,000.00 (two hundred and fifty thousand naira) only being the


principal sum advanced to the 2nd defendant and said to have beenguaranteed by the 3rd defendant (now appellant). The respondent(then plaintiff) claimed interest at 5% weekly for fifteen weeks inthe sum of N187,500.00 (one hundred and eighty seven thousandfive hundred naira) only and a further 5% weekly interest bringingit to N12,500.00 (twelve thousand five hundred naira) only from 1stSeptember, 2000 until full and final payment by the 2nd and 3rddefendants. By its ruling of the 10th October, 2000 the court grantedan application ex-parte…

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