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ADMIRAL MIKE AKHIGBE (RTD) ANCHORAGE HOLDINGS LIMITED ENGINEER JUDE BASSEY ARC. ITORO UMOREN V. PAULOSA (NIG.) LIMITED KOST ASSOCIATES

(2006) JELR 55625 (CA)

Court of Appeal  •  CA/A/47/2003  •  23 May 2006  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JCA (Presided) MARY U. PETER ODILI JCA OLABODE RHODES-VIVOUR JCA (Read the Lead Judgment)

Judgement

RHODES-VIVOUR JCA (Delivering the Lead Judgment): This is an interlocutory appeal against the ruling of Honourable Justice I. U. Bello of the High Court of the Federal Capital Territory, Abuja, delivered on 14 November 2002 in suit No: FCT/HC/CV/380/2002. It arose as follows: The 1st respondent was the plaintiff in the court below, where it claimed against the 2nd respondent and the appellants (the defendants) the sum of N629,000 being the amount due and payable to it for jobs executed for them at Asokoro, Abuja.

For a clearer picture, the defendants in the court below were in the following order:

Kost Associates

Admiral Mike Akhigbe

Anchorage Holdings Ltd

Engineer Jude Bassey

Arc. Itoro Umoren

The 1st defendant on being served the originating processes filed its statement of defence on 23 May 2002. It also filed a counter-claim on 7 June 2002. The defendants to the counter-claim were the 2nd, 3rd, 4th and 5th defendants. That is to say, the 1st defendant in the original action sued his co…

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