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ATAGUBA AND COMPANY V. GURA NIGERIA LIMITED

(2000) JELR 53450 (CA)

Court of Appeal  •  CA/K/242/98 .  •  9 May 2000  •  Nigeria

Coram
MAHMUD MOHAMMED, JCA (Presided and Read the Lead Judgment) VICTOR AIMEPO OLEYELE OMAGE, JCA OLUDADE OLADAPO OBADINA, JCA

Judgement

MOHAMMED, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Kurada J., of the Kaduna State High Court of Justice , delivered on 20/7/98, in an action filed by the respondent, which was the plaintiff, against the appellant, which was the defendant. The plaintiff’s claim which was filed under the undefended list procedure of the Kaduna High Court outlined by Order 22 rules 1 to 5 of the Kaduna State High Court (Civil Procedure) Rules 1988, against the defendant is for the sum of seven hundred and fifty thousand Naira (N750,000.00) with 21% interest from 11/5/95 and thereafter at 10% interest on the judgment sum until the judgment is liquidated. On being served with the marked writ of summons, accompanied by the affidavit in support of the plaintiff’s claim, and in accordance with the requirements of the rules, the defendant duly filed its own Notice of Intention to defend the action, duly accompanied by the affidavit in support of the Notice. After hearing …

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