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AFRICAN INTERNATIONAL BANK LIMITED V. EDUCATION TAX FUND

(2010) JELR 33673 (CA)

Court of Appeal  •  CA/A/201/05  •  10 Mar 2010  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA; ABDU ABOKI JCA; AYOBODE OLUJIMI LOKULO SODIPE JCA;

Judgement

DELIVERED BY JIMI OLUKAYODE BADA, JCA: This is an appeal against the Ruling of the Federal High Court sitting in Abuja in Suit No FHC/ABJ/CS/239/2004 which was delivered on the 6th day of April, 2005.

Briefly the facts of the case are that the Respondent herein commenced this action by way of writ of summons under the undefended list procedure on the 20th day of May, 2004 before the Federal High Court sitting at Abuja. The trial court delivered judgment in the sum of (N51,726,027.40k) Fifty-One Million Seven Hundred and Twenty-Six Thousand Twenty Seven Naira and Forty Kobo against the Appellant on the 13th day of December, 2004. Thereafter the Respondent filed a motion on notice seeking, inter alia an order granting leave to the Respondent to attach and sell the Appellant's immovable property. The said application was granted on the 6th day of April, 2005.

Dissatisfied with the Ruling of the trial court the Appellant now appealed to this court.

The Learned Senior Counsel for the Appel…

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