(2013) JELR 39730 (CA)    

Court of Appeal  ·  CA/J/210/2005 ·  26 Feb 2013 ·  Nigeria
RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria JUMMAI HANNATU SANKEY Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
learned counsel
notice of intention
affidavit evidence
fire fighting vehicles
learned trial judge
undefended list
better affidavit
particulars of claim
1st defendant
exhibits c
general cause list
supporting affidavit
support of notice of intention
general cause list of the trial court
judgment of the trial court
ministry of federal capital territory
plateau state
2nd plaintiff
civil procedure
final payment
limited liability company
nigerian law
plaintiffs claim
total sum
1st plaintiff
2nd defendants
above stated points
brief background facts of this matter
commencement of the action
director of the 1st plaintiff
due consideration of the respective positions of the parties
following cases
germane averments
judgment of the high court of justice
leading judgment
managing director of the 2nd defendant
matter of this suit
messrs yumn ltd.
outstanding balance of the said contract sum
recovery of the said balance
supply of fire
support of the notice

OYEBISI FOLAYEMI OMOLEYE, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice of Plateau State, holden at Jos (hereinafter referred to as the trial Court), delivered on 5th May, 2005, by, Hon. Justice L. C. Dakyen.

The brief background facts of this matter are that, sometime in year 2002, the Ministry of Federal Capital Territory, Abuja, awarded a contract for the supply of fire fighting vehicles to some companies. Three of the fire fighting vehicles was sub-contracted to the Appellants. The Appellants in turn sub-contracted the three fire fighting vehicles to the Respondents for the total sum of twenty-two million, eight hundred thousand naira (N22,800,000.00). The three vehicles were supplied by the Respondents. The Appellants as at the commencement of the action which culminated into this appeal, were owing, the Respondents, the sum of eight million, seven hundred and fifty thousand naira (N8,750,000.00) as the outstanding ba…

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