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NIGERIA CEMENT COMPANY PLC & ORS.
V.
OBIDIKE

(2015) JELR 54846 (CA)

Court of Appeal 30 Apr 2015 Nigeria
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- This is an appeal against a ruling of the Enugu State High Court. - The respondent filed a claim against the appellants under the undefended list procedure. - The respondent claimed outstanding salaries and allowances from the appellants.

Case Details

Suit Number:CA/E/223/2009
Judges:MASSOUD ABDULRAHMAN OREDOLA JCA TOM SHAIBU YAKUBU JCA MISITURA OMODERE BOLAJI-YUSUFF JCA
Counsel:Chief Evaristus D. Egbebu for the Appellants. Okenna Agubuzu Esq. (with him, S.C. Ogbu and Miss M.N. Mgbada for the Respondent.

OREDOLA JCA (Delivering the Lead Judgment): This appeal is against the ruling of Nebo J. of the Enugu State High Court. The said ruling was delivered on 12 June 2008. The appellants were defendants in the Enugu State High Court sitting at Enugu hereinafter called the lower court. The respondent as plaintiff in the lower court instituted an action against the appellants under the undefended list procedure. The application for the issuance of the writ of summons thereon was filed on 23 June 2006. In paragraph 9 of his “claim on the undefended list”, the respondent claimed as follows:

“9. The plaintiff have as a result of the foregoing suffered loss and damage, whereof the plaintiff claim against the defendants as follows:-

(a) The sum of N18,995,682.82 (eighteen million, nine hundred and ninety five thousand, six hundred and eight-two naira and eighty-two kobo) being outstanding salaries and allowances from 1 July 2000 to 30 June 2006, less the sum of N120,000.00 (one hundred and twent…

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