ALHAJI SHEHU ASHAKA V. SAMSON CHIDI NWACHUKWU
(2013) JELR 36031 (CA)
Court of Appeal
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CA/J/290/2004
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22 Feb 2013
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Nigeria
Coram
OYEBISI FOLAYEMI OMOLEYE JCA
JUMMAI HANNATU SANKEY JCA
IBRAHIM SHATA BDLIYA JCA
Appearances
S. D. Samchi Esq. For the Appellant;
Edwim O. Okoro Esq. For the Respondent.
Judgement
<p><strong>IBRAHIM SHATA BDLIYA J.C.A. (Delivering the Leading Judgment):</strong> This is an appeal against the judgment of the Plateau State High Court delivered by Hon. Justice Y. G. Dakwak on 22th October, 2004, in suit No. PLD/J433/2003. The appellant, who was the defendant in the lower court, was sued by the respondent (who was the Plaintiff,) under the Undefended List vide a writ of Summons claiming as follows: </p><p> "The Plaintiff claims from the defendant the sum of (Two Million Naira) N2,000,000.00 being the balance due to the Plaintiff from the defendant on a road contract which the Plaintiff executed at NDLEA office at Lamingo for the defendant and which sum the defendant, despite repeated demands, has failed to pay.</p><p> And the Plaintiff claims interest at the rate of 25% per cent from 20th July, 2001, until judgment and thereafter at 10% per annum until the entire sum is paid".</p><p> The application of the Respondent to place the suit on the Undefended List was supported by an affidavit. After hearing theβ¦</p>