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ALHAJI ISA BAYERO V. MAINASARA & SONS LIMITED

(2006) JELR 35487 (CA)

Court of Appeal  •  CA/K/31/2001  •  21 Feb 2006  •  Nigeria

Coram
ABUBAKAR ABDULKADIR JEGA JCA KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA OLUKAYODE ARIWOOLA JCA

Appearances
A. O. Ojeh For the Appellant; U. A. Mohammed Esquire (with him, Yakubu Muazu) For the Respondent.

Judgement

ARIWOOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment, though headed ruling, of Hon. Justice Garba Abudullahi of the Kano State High Court, delivered on 30th July, 1999 in an action instituted by the respondent.

The fact of the case briefly goes thus:

The respondent herein as the plaintiff sued the appellant herein as defendant and claimed as follows:

"........the sum of N1,816,000.000(one million eight hundred and sixteen thousand naira only) being the sum due and owing from the defendant to the plaintiff arising from posters, party agents ID. cards, receipt books, ballot sheet sample, letter headed and electoral receipt sheets printed and supplied by the plaintiff to the defendant"

The plaintiff had gone to the lower court with an application for leave to issue writ of summons and serve same on the defendant on the plaintiff's claim under the "undefended list." The application dated 13/05/99 was heard and leave was granted on 18/05/99 to enable t…

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