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MR. JOHN AKALONU V. MR. S. O. OMOKARO

(2002) JELR 47625 (CA)

Court of Appeal  •  CA/K/303/2001  •  11 Jun 2002  •  Nigeria

Coram
ISA AYO SALAMI JCA RABID DANLAMI MUHAMMAD JCA JOSEPH JEREMIAH UMOREN JCA

Judgement

SALAMI, J.C.A. (Delivering the Leading Judgment): This is an interesting, as well as intriguing appeal. It questions, indirectly though, the right of counsel to announce his appearance for a party and the right of the other party, to challenge his authority for doing so.

The plaintiff brought an action against the defendant, in suit No. KDH/KAD/340/2001 claiming the sum of N425,000.00 which represents the total loans collected by the defendant from the plaintiff, through one O. G. H. Anaele and after judgment, interest on the said sum at the rate of 10% per annum, from date of judgment, until the final liquidation of the entire sum.

The action was brought under the provisions of Order 22 of the Kaduna State High Court (Civil Procedure) Rules, Cap. 68 of the Laws of Kaduna State, 1991. The respondent's application for writ of summons was supported by affidavit to which was exhibited ten documents, which are marked as exhibits 1, 2, 3, 4a, 5, 6, 7, 8 and 9, while the defendant's notice …

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