(2011) JELR 38818 (CA)    

Court of Appeal  ·  CA/PH/305/2006 ·  23 May 2011 ·  Nigeria
MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria EJEMBI EKO Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
notice of intention
undefended list
learned trial judge
dredger hire agreement
lower court
undefended list procedure
supporting affidavit
trial court
4th july
5th july
documentary evidence
exhibit g
fifteen million naira
full value of the plaintiff
hire of the plaintiff
rate of n50,000.00
respectful view
said dredger hire agreement
sum of n10,500,000.00
sum of n18,500,000.00
brief deacon nerry uchefu
brother awotoye jca
bunge v. rtvers state governor
circumstances of this case
conflicting material
defendant fails
defendant file
file date of judgment
full trial
general cause list
heads of claim
high court
judgment of hon. justice s.e. charles
judgment of the learned trial judge
kin support of the claim
leading judgment
learned trial judge ought
leave of court
material particulars
monthly interest
rivers state
sum of n15,000,000.00
t. o. awotoye
transmission of record of appeal

T. O. AWOTOYE, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice S.E. Charles - Granville of Rivers state High court delivered on 3/11/2003.

The plaintiff is the Respondent in this appeal. The plaintiff's claimed against the defendants at the lower court jointly and severally for:-

"1. The sum of N10,500,000.00 (Ten Million, Five Hundred Thousand Naira) being the amount owed by the Defendants for the hire of the Plaintiff's Dredger and its accessories for one (1) year as stipulated in clause 2 of the Dredger Hire Agreement, a Deed dated 4th July, 2001 and which expired on 5th July, 2002.

2. The sum of N15,000,000.00 (Fifteen Million Naira) being full value of the plaintiff's Dredger and accessories hired by the Defendants as stipulated under clause 9 of the aforesaid Deed (the Defendants having failed, refused or neglected to insure the Dredger and its accessories as stipulated in the said Dredger Hire Agreement).

3. The sum of N18,500,000…

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