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(2020) JELR 109943 (CA)

Court of Appeal  •  CA/K/71/2020  •  30 Nov 2020  •  Nigeria

Obietonbara O. Daniel-Kalio JCA Saidu Tanko Hussaini JCA Oludotun Adebola Adefope-Okojie JCA


SAIDU TANKO HUSSAINI, J.C.A. (Delivering the Leading Judgment): This appeal is against the Ruling and the Judgment delivered at the High Court of Kaduna State, holden in Zaria on the 11th December, 2019 vide suit No. KDH/KAD/1321/2018. 

The Respondent had commenced action at the said High Court vide the Writ of Summons and the Statement of Claim dated the 18th December, 2018 wherein they claimed against the Appellant, then defendant, the sum of $18,103.00 (USD) being due and unpaid software licensing fee owed by them by virtue of the agreement between the parties dated 12th day of June, 2013. They also claimed interest on the Judgment sum at the rate of 10% per annum until it is fully liquidated and cost of the action. 

Also filed along with the Writ of Summons and the statement of claim is the Motion on Notice for Summary Judgment under Order 11 Rule 1 of the Kaduna State High Court (Civil Procedure) Rules, 2007, in terms of the reliefs sought in the Writ of Summons and the Statement o…

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