JA'AFARU MIKA'ILU, J.C.A. (Delivering the Leading Judgment): In this case the Respondent/Plaintiff sued the appellant in the High Court of Akwa Ibom State, Eket Judicial Division in Suit No HEK/26/2004 in which Judgment was delivered on the 22nd day of November, 2004. The respondent as plaintiff had applied to the trial court for summary judgment on declaratory reliefs which the trial court granted. Being dissatisfied with the decision of the trial court, the defendant/appellant appealed to this court as per Notice of Appeal dated and filed on the 23rd January, 2006 upon the order of this court dated 16th January, 2006 extending time for the appellant within which to file the said notice of Appeal. Thus the Respondent, as plaintiff in the lower court filed the action against the appellant claiming for the following:-
(a) A declaration that the Defendant has breached the provision of Janitorial Service Agreement No.2450279 between the Plaintiff and the defendant dated January 1, 2003.
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