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NIPOST
V.
ZAADECO LTD.

(2006) JELR 46513 (CA)

Court of Appeal 9 Jan 2006 Nigeria
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Case Details

Suit Number:CA/IL/M.50/2001
Judges:MUHAMMAD SAIFULLAHI MUNTAKA COOMASSIE Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria TIJJANI ABDULLAHI Justice of The Court of Appeal of Nigeria
Counsel:S. M. Tenku (with him, S. O. Sango Tayo) For Appellant Rowland Otaru (with him, C. O. Otaru, [Mrs.] V. O. Awomolo and Olasumbo Jaiyeola For Respondent
Other Citations:NIPOST v. Zaadeco Ltd. (2006) 7 NWLR (Pt.979) pg.231, (2006) JELR 53401 (CA)

ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court, sitting at Ilorin, delivered by Bello (J) on the 17th December, 1997.

Judgment was entered as undefended list In favour of the plaintiff/respondent as per their writ of summons against the defendants now the appellants.

The claim of the plaintiff/respondent at the court below reads thus:-

(a) A sum of N349.500.00 (Three Hundred and Forty-Nine Thousand Five Hundred Naira) only being the standing indebtedness on (sic) to the plaintiff by the defendant when sometime in 1993, the plaintiff executed various contract for the defendant at the defendant's request and which said sum the defendant has failed, refused and/or neglected to pay inspite of several oral and written demands.

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

The writ as earlier stated …

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