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(2018) JELR 38966 (CA)    

Court of Appeal  ·  CA/PH/895/2013 ·  20 Apr 2018 ·  Nigeria
CORAM
THERESA NGOLIKA ORJI-ABADUA Justice of The Court of Appeal of Nigeria CORDELIA IFEOMA JOMBO-OFO Justice of The Court of Appeal of Nigeria BITRUS GYARAZAMA SANGA Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
defendant
respondent
appellant
statement of defence
claimant
reply
order
favour of the respondent
lower court
paragraph
record of appeal
rule
statement of claim
fifty naira
learned trial judge
admitted facts
civil procedure
lone issue
local purchase order
high court
solemn admission of the appellant
supreme court
alleged admission
evidence act
face of the averments
unequivocal admission
admissions of facts
admitted monies
appellants statement of defence
c-h.
claimant claims
claimant statement of claim
close of pleadings
considered ruling delivered 27th november
different date of maturity
f-b
following reliefs
following reliefs of the lower court
leading judgment
legal basis
obvious reason
purport of the respondents denial
relevant cases
rivers state
said paragraphs
statement of defence paragraph
statement of facts
such admissions
totality of the pleadings of the parties

CORDELIA IFEOMA JOMBO-OFO, JCA (Delivering the Leading Judgment): This appeal is against the decision of Hon. Justice D. W. Okocha of the High Court of Rivers State (hereinafter known as trial/lower Court) delivered 27th November, 2013 in suit No. PHC/2733/2013.

STATEMENT OF FACTS

In a writ of summons issued 10th December, 2012 and a statement of claim dated 4th June, 2013 and filed 6th June, 2013, the claimant at the lower Court who before us is the respondent had sought the following reliefs against the defendant who herein is the appellant:

26. WHEREFORE THE CLAIMANT CLAIMS AGAINST THE DEFENDANT:

A. A declaration that the Claimant is owed Fifty Two Million, Two Hundred and Sixty Three Thousand, Seven Hundred and Fifty Naira only (₦52,263,750.00) by the defendant.

B. An order directing the Defendant to pay the sum of Fifty Two Million, Two Hundred and Sixty Three Thousand, Seven Hundred and Fifty Naira only (₦52, 263,750.00) owed to the Claimant inclusive of value added tax (VAT) by the …

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