(2002) JELR 44625 (CA)    

Court of Appeal  ·  CA/J/247/98 ·  15 May 2002 ·  Nigeria
Other Citations
System Metal Ind. Ltd. v. Ehizo [2003] 7 NWLR (Pt.820)pg.460
ALOMA MARIAM MUKHTAR Justice of The Court of Appeal of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria IFEYINWA CECILIA NZEAKO Justice of The Court of Appeal of Nigeria
Core Terms Beta
undefended list
learned trial judge
issue of jurisdiction
notice of intention
preliminary objection
record of proceedings
grounds of appeal
hearing of the appeal
adjourned date
brief of argument
leading judgment
printed record of proceedings
support of the notice of intention
following orders
leave of the court
title of the said affidavit
appellant leave
attached notice of intention
brief of c. c. irorakpor
briefs of argument
case of nsirim v
court of appeal rules
decision of the lower court
earlier date
fact of the exhibits
following grounds
grounds of a defective notice of intention
high court of bauchi state
i. t. muhammad
lower court
mr. ishie of counsel
net amount of order
original file
overall picture
particulars of claim
part of the judge
quick hearing of the appeal
registrar of this court
support of his application

MUKHTAR, J.C.A. (Delivering the Leading Judgment): A writ of summons on the undefended list, was taken out by the plaintiff, who is now the respondent, against the appellant in the High Court of Bauchi State. The particulars of claim are as follows:-

"The plaintiff (sic) claim against the defendant is for the sum of eighty-eight thousand eight hundred and

fifty-seven naira only (N88,857.00), being the unpaid commission of 5% on the net amount of order, amounting to one million seven hundred and seventy seven thousand, one hundred and sixty-two naira only (N1,777,162.00) introduced customers by the plaintiff to the defendant."

These customers has (sic) since perfected their order and payments made, but the defendant has refused, neglected and failed to pay the plaintiff the agreed 5% commission sums, which is N88,857.00 inspite of demands by the plaintiff.

Whereof the plain (sic) from the defendant this sum of N88,857 .00 with interest at the rate of 25% per

annum from August, 1993 un…

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