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RIGHT CHOICE ELECTRONICS LTD.
V.
KELVIN FESTUS INTERNATIONAL LTD

(2012) JELR 48563 (CA)

Court of Appeal 6 Nov 2012 Nigeria
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Case Details

Suit Number:CA/C/173/2010
Judges:MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria UZO I. NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria
Counsel:For Appellant C.I. ODO For Respondent

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): Kelvin Festus International Ltd. was the plaintiff before the High court of Justice, Uyo, Akwa Ibom state but is now the Respondent in this appeal. The plaintiff/Respondent of No.59 Oron Road, Uyo, Akwa Ibom state allegedly paid for diverse electronics to be supplied by Right choice Electronics Ltd., the defendant in the lower Court but now Appellant of Aba shopping centre complex, opposite No. 54 Asa Road, Aba, Abia state. This was on or about the 7th day of August, 2009. The total consideration was N626,000.00 (Six hundred and twenty six thousand Naira) only. Payment was lodged into the appellant's account at the United Bank for Africa. Despite repeated demands the appellant would neither supply the electronics nor refund the money. On 29th September, 2010 the Respondent took out a writ of summons supported by affidavit under the undefended List Procedure praying for the following reliefs against the appellant

"1. The sum of…

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