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NIGERIA STORED PRODUCTS RESEARCH INSTITUTE
V.
BOARD OF INTERNAL REVENUE, KWARA STATE

(2013) JELR 39647 (CA)

Court of Appeal 5 Dec 2013 Nigeria
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Case Details

Suit Number:CA/IL/16/2013
Judges:HESSEIN MUKHTAR Justice of The Court of Appeal of Nigeria ISAIAH OLUFEMI AKEJU Justice of The Court of Appeal of Nigeria UCHECHUKWU ONYEMENAM Justice of The Court of Appeal of Nigeria
Counsel:J. C. Ojei Esq. with O. F. Majaro (Mrs.) For Appellant M. A. Oniye ACS withA. B. Nuhu PSC;G. R. Moyosore SSC;Medinat Jimoh Orire SSC andO. S. Balogun SSC For Respondent

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Kwara State, Ilorin Division delivered on 14th January, 2012 in suit No. KWS/224/2012. The respondent as the claimant had filed a writ of summons on 27/8/12 together with the verifying affidavit and claimed a total of N56,730,263.41 being the outstanding liabilities/debts arising from under-deduction and/or unremitted taxes/levies due to the Kwara State Government from the defendant institution for the period of January, 2005 to December 2008 as followings:

N K

i. Outstanding PAYE 41,761,005.49

ii. Outstanding withholding Tax 802,181.06

iii. State Development Levy 59,100.00

iv. Statutory Penalty at 10% 4,262,228.66

v. Statutory Interest at 21% 9,845,748.19

(until judgment is given)

TOTAL 56,730,263.41

The respondent also claimed interest on the judgment sum at 10% until full liquidation as well as the cost of prosecuting the suit.

Upon service of the claim, the appe…

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