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OMOKEY
V.
ANTIGHA

(2014) JELR 34154 (CA)

Court of Appeal 2 May 2014 Nigeria
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Case Details

Suit Number:CA/K/70/2012
Judges:ABDU ABOKI Justice of The Court of Appeal of Nigeria THERESA NGOLIKA ORJI-ABADUA Justice of The Court of Appeal of Nigeria HABEEB ADEWALE OLUMUYIWA ABIRU Justice of The Court of Appeal of Nigeria
Counsel:I. G. Waru with K. A. Hashim and P. A. Joseph For Appellant G. O. Uzu For Respondent

ABDU ABOKI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Summary Judgment of the Kano State High Court delivered on the 31st March, 2011 by Nura S. Umar J.

The Respondent was the Plaintiff at the Lower Court while the Appellant was the Defendant.

The facts of the case leading to this appeal are as follows:

Respondent commenced action against the Appellant by writ of summons dated 17/12/2010 brought under Order 23 Rules 1 (undefended list) of the Kano State High Court (Civil procedure) Rules 1988, wherein the Respondent claims from the Appellant as follows;

1. "The sum of N300,000.00 (Three Hundred Thousand naira) only being the outstanding indebtedness of the Defendant to the Plaintiff with regard to the principal sum of N2,000,000.00 (Two million naira) as per joint business agreement between the Plaintiff and the Defendant dated 10th November 2008.

2. The sum of N2,700,000.00 (Two Million Seven Hundred Thousand Naira) only being the being the outstanding…

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