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OKORO
V.
OKORO

(2009) JELR 51616 (CA)

Court of Appeal 13 Jul 2009 Nigeria
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- The claimant/respondent sought to recover the outstanding balance of $184,512.02 (or its naira equivalent) advanced to the defendants/appellants under a joint venture agreement, together with interest at 30% per annum, asserting failure o

Case Details

Judges:BODE RHODES-VIVOUR JCA PAUL ADAMU GALINJE JCA
Counsel:Olusina Sofola(with him, Okpalaoka U. Fidelis and Chinwe Umevuru) -*- - for the Appellants. -*- Dr. Joseph Nwobike (with him, Zainab Kelani) - for theRespondent.
Other Citations:(2010) 2 NWLR (Pt. 1177) 198, (2009) JELR 71505 (CA)

DONGBAN-MENSEM JCA (Delivering the Lead Judgment): In a claim the learned trial Judge, the Hon. Justice A.A. Oyebanji (Mrs.) declared to be a “simple contract” agreement, the respondent as claimant before the trial court sought these relief:

“1. The sum of $184,512.02 (one hundred and eighty-four thousand, five hundred and twelve dollars, two cents) or ₦25,831,682.80 (twenty five million, eight hundred and thirty- one thousand, six hundred and eighty-two naira, eighty kobo), its naira equivalent, payable by the defendants to the claimant being outstanding balance of money had and received by the defendant for the use of the claimant for a consideration that has totally failed.

2. Interest on the sum at the rate of 30% per annum until payment.”

The claimant elected the summary list procedure in accordance with the provisions of Order 11, rule 1 of the High Court of Lagos State (Civil Procedure) Rules. The respondent prayed the High Court for an order as follows:

“Entering final judgme…

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