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ADOSCO NIGERIA LTD. & ANOR V. CHILEWA INVESTMENT LTD.

(2011) JELR 33921 (CA)

Court of Appeal  •  CA/PH/398/2007  •  7 Dec 2011  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; PAUL ADAMU GALINJE JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

PAUL ADAMU GALINJE, J.C.A (Delivering the Leading Judgment): By a writ of summons dated 23rd April 2007 and filed on the 24th of April 2007, the Respondent herein claimed from the Appellant, the sum of N717, 500.00 being outstanding balance owed it by the Appellant for hiring and using its 12 a grader machine and interest at the rate of 10% per month on the principal sum from the date of judgment until the judgment sum is full paid.

In support of the writ is an affidavit in support of claim under the undefended list. Annexed to the affidavits aforesaid are the, following documents:-

1. Equipment Hiring/Leasing Agreement,

2. Invoice for N330, 000

3. A copy of a cheque for N1,317,500 issued by the 1st Appellant.

4. Another copy of a cheque issued by the 1st Appellant.

5. A copy of invoice for N717,500 issued by the Respondent being outstanding balance.

6. Demand for Immediate payment by Godwin Okoro Esq.

By a motion ex-parte dated 23rd April 2007 and filed on the same 25/4/2007, Learned…

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