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THE ATTORNEY GENERAL GOMBE STATE & ANOR v. ABDUL GAFARU YUSUF AND COMPANY NIGERIA LIMITED

(2016) JELR 36970 (CA)

Court of Appeal  •  CA/J/125/2007  •  19 Jan 2016  •  Nigeria

Coram
JUMMAI HANNATU SANKEY JCA; SAIDU TANKO HUSSAINI JCA; BIOBELE ABRAHAM GEORGEWILL JCA;

Judgement

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment):?This is an Appeal against the decision of the High Court of Gombe State delivered on the 20th July, 2005 in Suit No: GM/239/05.

By a Writ of summons dated 6th April, 2005, the Respondent herein, as Plaintiff before the Lower Court, claimed against the Appellants, as Defendants, the total sum N15, 550,923.37 (Fifteen Million Five Hundred and Fifty Thousand, Nine Hundred and Twenty three Naira, Thirty Seven Kobo) only being the amount owed them in respect of the construction of the Referral Hospital, Gombe, plus 10% interest per annum from June 1998 till final satisfaction of the debt. The Writ was supported by an affidavit of 14 paragraphs and three Exhibits. On 06-04-05, the Lower Court granted the ex-parte application of the Plaintiff and directed that the suit be placed on the Undefended List for hearing, and same be marked as such, pursuant to Order 22 of the High Court Civil Procedure Rules applicable to Gombe State. …

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