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MR. CYRIL ATAKULU V. PRINCESS HADIZA SHITU FAWIBE

(2001) JELR 48000 (CA)

Court of Appeal  •  CA/K/56/2000  •  5 Apr 2001  •  Nigeria

Coram
ISA AYO SALAMI JCA; RABIU DANLAMI MUHAMMAD JCA; MAHMUD MOHAMMED JCA;

Appearances
O. B. M. Odoh, Esq. For Appellant Respondent absent and unrepresented For Respondent

Judgement

SALAMI, J.C.A. (Delivering The Leading Judgment): This appeal is brought against the decision of Sada, J., sitting in the Katsina judicial division of Katsina State High Court of Justice, in suit No. KTH/6UL/99, wherein the plaintiff Claim against the defendant is for:

"1. The sum of N50,000.00 (fifty thousand naira only) being the cost of three (3) electronics items namely "A 20" coloured Television, video recorder and Head cleaner" respectively supplied by the plaintiff to the defendant based on the requisitions from the latter but for which she has failed, refused and or neglected to pay, despite repeated demand for her to honour her obligation.

2. 2% interest per month on the said sum of N50,000.00 from February, 1998, till the date of the final liquidation of the total sum owed.

3. Cost of filing this action and such other costs as the honourable court may deem fit to award in the interest of justice in the circumstance."

The suit was brought on the undefended list pursuance of …

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