(2014) JELR 39708 (CA)    

Court of Appeal  ·  CA/L/725/12 ·  24 Oct 2014 ·  Nigeria
SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria TIJJANI ABUBAKAR Justice of The Court of Appeal of Nigeria YARGATA BYENCHIT NIMPAR Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
learned trial judge
15th april
statement of defense
unequivocal admission
exhibit a
issue of illegality of the contract
line items
admitting mind of the person
clear admission of indebtedness
date of judgment
high court of lagos state
issue number
said sum
sets of containers
sum of n5,120,950.00
behalf of the defendant
clear admissions
counsel andy isioma agbolu
counsel a. o. agbola
counter claim
criminal acts
following conditions
high court of lagos
honorable court
instant case
leading judgment
lower court ought
outstanding debts
part of the respondent
payment of the money
said sum of n2,270,000.00
said sum of n5,120,950.00
single issue
subject of this appeal
such orders
sufficient admission
summary judgment of the court
unequivocal denial of indebtedness

TIJJANI ABUBAKAR, J.C.A.(Delivering the Leading Judgment): This Appeal is against the ruling delivered by Onyeabo J, of the High Court of Lagos State on 18th June 2012 entering Judgment on admission against the Defendant. The Claimant before the Lower Court, now Respondent in this appeal, commenced an action against the Appellant as Defendant before the High Court of Lagos State claiming as follows:

a) The sum of N5,120,950.00 (Five Million One Hundred and Twenty Thousand, Nine Hundred and Fifty Naira only) being outstanding debts owed the claimant by the Defendant for the clearance of several consignments on behalf of the defendant.

b) Interest at the rate of 20% per annum on the said sum of N5,120,950.00 (Five Million, One Hundred and Twenty Thousand, Nine Hundred and Fifty Only) from April 2008 until the date of Judgment and thereafter at the rate of 10% per annum until final liquidation of the debt

c) The sum of N200,000.00 (Two Hundred Thousand Naira Only) being the cost of prose…

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