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(2009) JELR 39322 (CA)

Court of Appeal 22 Apr 2009 Nigeria
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- This is an appeal against a judgment of the High Court of Rivers State in a case involving a claim for the cost of pipes supplied under a contract. - The respondent sought the sum of N6,562,500.00 as the cost of the pipes, along with inte

Case Details

Suit Number:CA/PH/73/2008
Judges:MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria KUOIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Court of Appeal of Nigeria EJEMBI EKO Justice of The Court of Appeal of Nigeria
Counsel:For Appellant V.I.OGUAFOR For Respondent

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Rivers State, holden at Port Harcourt, delivered on 10th December 2007 entering judgment in favour of the respondent herein. By a writ of summons dated 10/9/07, the respondent herein, as claimant, sought the following reliefs against the appellant, as defendant:

1. The sum of N6, 562, 500.00 (Six Million Five Hundred and Sixty-Two Thousand Five Hundred Naira) being the cost of pipes supplied to the defendant under a contract and which cost has not been liquidated by the Claimant.

2. Interest thereon at the rate of 10% per month from the 12th of May 2007 until judgment is given and thereafter, interest at the rate of 10% until total liquidation of the debt.

The writ was supported by an affidavit with exhibits attached thereto.

The respondent sought and obtained leave to issue the writ and enter it under the undefended list. Upon being served with…

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