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UBA PLC & ANOR
V.
JARGABA

(2001) JELR 44301 (CA)

Court of Appeal 28 Jun 2001 Nigeria
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- The case involves a dispute over the payment for the purchase of fertilizer. - The plaintiff claims that they purchased fertilizer from the defendants but did not receive the full amount they paid for. - The defendants deny liability and

Case Details

Suit Number:CA/K/323/00
Judges:ISA AYO SALAMI Justice of The Court of Appeal of Nigeria RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria
Counsel:Ibrahim Buba, Esq. - For Appellant Ogbododikue Enock-Lucky, Esq. For Respondent
Other Citations:UBA PIc v. Jargaba (2002) 2 NWLR (Pt 750)200

OMAGE, J.C.A. (Delivering the Leading Judgment): In the high Court number 10, in the Kaduna State High Court Coram Gregory S. Lawan J., a judgment was delivered on 3rd July, 2000. The judgment was delivered in a suit filed under the undefended list procedure, the leave to issue which his lordship had granted earlier.

The judgment inter alia is as follows:

"It is true that a defence that I am not liable is a defence, but from the facts of this case and the affidavit evidence and documents, there is no defence on merit. I accordingly enter judgment against the 2nd defendant in favour of the plaintiff."

The endorsement on the writ of the plaintiff is;

"For a claim against the defendants jointly and or severally in the sum of ₦1,960,000.00 being outstanding arising from the failure of the defendants to fully supply to the plaintiff the required numbers of trucks load of fertilizers 2-10 percent interest on the judgment sum and cost of this action."

The facts of the case as contained in t…

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