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(2014) JELR 42220 (CA)

Court of Appeal 12 Mar 2014 Nigeria
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- The appeal challenged the Lagos State High Court’s assumption of jurisdiction in a contract dispute where the contract was to be performed in Kano State, and the defendant resided and carried on business in Kano State. - The appellant’s p

Case Details

Suit Number:CA/L/818/2011
Judges:SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria
Counsel:Helen Christiana (Mrs.) For Appellant F. O. Abbas Esq., O. Aleshinloye (Mrs). For Respondent

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of Hon. Justice M. O. Obadina (Mrs.) of the Lagos State High Court in Suit No LD/931/10, delivered on the 17th of May 2011.

In the said Ruling, the learned trial Judge overruled the Preliminary Objection and dismissed same.

FACTS

The suit, the subject matter of this Appeal was instituted by Writ of Summons dated 4th May 2010 and filed on the 19th of May 2010. In the Writ of Summons and in paragraph 30 of the Statement of Claim, the Claimant (Respondent in the present appeal) claims against the Defendant (Appellant in the present appeal) the following

(a) US$127,448 being unpaid sum for service rendered plus compound interest at 1.5% per month from 2nd September 2009 till the day Judgment is given.

(b) US$5,500 being the expenses incurred in dismantling the earth station.

(c) US$695,414 being the loss of profit till the end of the term of service less the value of the used equipment.

(d)…

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