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NIPOST
V.
IRBOK NIGERIA LTD.

(2006) JELR 48065 (CA)

Court of Appeal 16 Jan 2006 Nigeria
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Case Details

Suit Number:CA/IL/49/01
Judges:MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria TIJANI ABDULLAHI Justice of The Court of Appeal of Nigeria
Counsel:S. M. Tenku, Esq. (with him, S. O. Sangotayo, Esq.) For Appellant R. Otaru, Esq. (with him C. O. Roland-Otaru [Mrs.], V. O. Awomolo [Mrs.] and O. Jaiyeola [Miss]) For Respondent
Other Citations:NIPOST v. Irbok (Nig.) Ltd. (2006) 8 NWLR (Pt.982) pg.323

IKONGBEH, J.C.A. (Delivering the Leading Judgment): This is an appeal by the defendant against the judgment of the Federal High Court given at Ilorin on the undefended list. The respondent, as plaintiff before the lower court, had applied for a writ of summons on the undefended list in terms of its particulars of claim, which read:

"(a) A sum of N75, 000.00 (seventy-five thousand naira) only being the outstanding indebtedness owed to the plaintiff by the defendant when sometime in 1993 the plaintiff supplied some printing materials to the defendant at the defendant's request which said sum the defendant has failed, refused and neglected to pay inspite of repeated demands.

(b) Interest at the rate of 21% per annum from July, 1993 till the date of judgment and 10% post judgment interest until the total indebtedness of the defendant are finally and totally liquidated."

In support of the application for the issue of the writ of summons, it filed a 20-paragraphed affidavit sworn by its Cha…

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