PETGAS RESOURCES LTD.
V.
MBANEFO

(2006) JELR 40318 (CA)    

Court of Appeal  ·  CA/L/285/2000 ·  3 May 2006 ·  Nigeria
 · 
Other Citations
Petgas Res. Ltd. v. Mbanefo (2007) 6 NWLR (Pt.1031) pg.545
Petgas Res. Ltd. v. Mbanefo (2007) 6 NWLR (Pt. 1031) 545
CORAM
DALHATU ADAMU Justice of The Court of Appeal of Nigeria MUHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria SOTONYE DENTON-WEST Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
judgment interest
respondent
interest
issue
appeal
learned trial judge
lower court
lead judgment
present appeal
brief of argument
grounds of appeal
high court of lagos state
notice of appeal
statement of claim
writ of summons
appellate court
award of interest
civil procedure
final judgment
first ground of appeal
trial
v. excel plast
above respect
affidavits of the parties
appellant ought
brilliant argument of the respondent counsel
discretion of the lower court
distinct circumstances
d.p.m.s. ltd. v
ekwunife v. wayne
exercise of the court
exhibits m1-m9
facts of the above precedents
general principle
judgment of the high court
judgment of the trial court
judgment rhodes vivour
kinds of interest
leading judgment
lease-hold agreement
said judgment
single issue
sum claim
sum of n1,375,000.00k
superfluous argument of both counsels
support of his case
usual advance payment of the agreed rent
wrong principle

SOTONYE DENTON WEST, J.C.A. (Delivering the Leading Judgment): The Plaintiff sued the Defendant in the High Court of Lagos State by a Writ of Summons and Statement of Claim filed on May 28th, 1999 wherein it claimed against the defendant mesne profit of one million five hundred thousand naira (N1,500,000:00k) with interest of 21% per annum for the period between October 13th, 1995 and July 28th, 1998 which was calculated as; two million, nine hundred thousand, two hundred naira (N2,900,200.00k).

The plaintiff also filed an application with the same prayers in the writ of summons and statement of claim by a summons on notice brought pursuant to Order 11 rules 1 and 2 of the High Court of Lagos State (Civil procedure) Rules 1994 on August 23rd, 1999. The defendant filed an affidavit showing cause and subsequently filed an amended statement of defence.

Trial commenced on December 15th, 1999 and the learned trial Judge entered final judgment summarily on the strength of the summons on not…

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