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AKEEM ADEKUNLE & ANOR v. S. K. AJAYI (NIGERIA) LIMITED & ANOR

(2013) JELR 35444 (CA)

Court of Appeal  •  CA/B/164/2006  •  29 Nov 2013  •  Nigeria

Coram
SOTONYE DENTON WEST JCA; MOJEED ADEKUNLE OWOADE JCA; CORDELIA IFEOMA JOMBO-OFO JCA;

Judgement

CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment): This is an appeal by the defendants against the judgment of A. O. ODUSOLA, J. sitting in the High Court of Justice of Ondo State which judgment was delivered 18th March, 2005. The respondents as plaintiffs, at the trial court claimed against the appellants as defendants jointly and severally the sum of Two Hundred and Seventy Eight Thousand Six Hundred and Sixty Naira Only (N278, 660.00) being outstanding balance due to the plaintiffs from sales of beer and soft drinks by the first defendant early in 1996 and for which the second defendant early stood surety.

The 1st appellant denied the claim of the respondents upon which he filed his Consequential Amended Statement of Defence and Counter-Claim. The counter-claim was however dismissed to the dissatisfaction of the appellant for want of proof.

At the close of evidence and address of counsel, the learned trial Judge gave judgment for the plaintiffs with costs of N2,00…

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