(2002) JELR 44688 (CA)    

Court of Appeal  ·  CA/A/78/2000 ·  13 Jun 2002 ·  Nigeria
Other Citations
Zekeri v. Alhassan (2002) 14 NWLR (Pt.786) 52
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria ALBERT GBADEBO ODUYEMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
lower court
learned counsel
fair hearing
alhassan abubakar
learned trial judge
trial judge
statement of defence
chief judge of kogi state
complimentary card
stay of proceedings
above indisputed facts
briefs of argument
case of the plaintiff
c. o. nwangwu esq
court of appeal
defence inspite of his earlier order
following cases
following events
following facts
following grounds
honourable chief judge of kogi state
important role
issue of validity of the document
leading judgment
leave of the lower court
letter of appointment exh
merit of the substantive case
ondo state fertilizer transporter
plaintiff claims
provisions of the rules of this court
purported appeal
said agreement
said suleiman yakubu
such contradictions
supply of the fertilizer
total sum
trailer load of fertilizer
valid agreement
written address

MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE, J.C.A. (Delivering the Leading Judgment): The Plaintiff/Respondent in paragraph 12 of the Statement of Claim dated 4th day of February, 1997 claimed against the Defendant/Appellant as follows:-

"WHEREOF the Plaintiff claims from the defendant the total sum of Two Hundred and Fifty-Two Thousand, Three Hundred and Ten Naira (N252,310,00k) being specific damages for the money the plaintiff gave out to the defendant for the supply of the fertilizer which the to defendant failed or neglected to supply".

The Appellant filed his Statement of Defence which was later amended, consequently the Respondent filed a reply to the Statement of Defence. Pleadings having been closed, the case was set down for hearing. At the hearing, the Plaintiff called two witnesses and also gave evidence in proof of his claims. PW.1 is one Yakubu Musa who gave evidence that he was told by the Respondent that he gave the sum of N252,310.00 on the 2/5/96 to the Appellant to suppl…

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