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MR. SAM ANOKAM v. GODSON DEVELOPMENT LTD

(2018) JELR 42001 (CA)

Court of Appeal  •  CA/OW/135M/2017  •  2 Aug 2018  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment): At the Imo State High Court in Suit No. HOW/11/2012, the Respondent claimed of the Appellant as follows: -

1) The sum of N9,000,000.00 Nine Million Naira being money had and received by the defendant for a consideration that has failed.

2) The cost of action.

3) 20% interest on the said total sum of N9,000,000.00 (Nine Million Naira) from the 1st day of April, 2011 to the date of judgment and from the date of judgment to the final liquidation of the judgment debt.

The Respondent as plaintiff had by motion ex-parte pursuant to Order 11 Rule 8, Order 7 Rule 5 (1&2) and Order 13 of the High Court Rules of Imo State High Court (Civil Procedure) Rules 2008 sought the order of Court to place the suit to the undefended list. The trial Court obliged the plaintiff. The application was predicated on the 24 paragraph affidavit reproduced hereunder: -

1. That I am the Operations Manager of the Claimant Company, Godon Development Ltd, b…

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