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BELHOPE PLASTICS INDUSTRY LIMITED V. EMA NERAME TECHNICAL COMPANY LIMITED

(2008) JELR 52992 (CA)

Court of Appeal  •  CA/PH/103/2000  •  17 Nov 2008  •  Nigeria

Coram
SULEIMAN GALADIMA JCA (Presided) MOHAMMED LAWAL GARBA JCA (Read the Lead Judgment) KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA

Judgement

GARBA JCA (Delivering the Lead Judgment): This appeal is against the judgment of the High Court of Rivers State sitting at Port Harcourt entered under the undefended list on 3 July 1998 pursuant to the provisions of Order 23, rules 1 and 4 of that Court’s Civil Procedure Rules, 1987. Before then, the respondent (as plaintiff) had taken out a writ of summons against the appellant (as defendant) which was later entered and heard under the undefended list with the following claims endorsed thereon:

“The sum of N1,188,054.00 (one million, one hundred and eighty-eight thousand, fifty-four naira) being the cost of items supplied to the defendant in Port Harcourt in this jurisdictionsometime in 1996 at the defendant’s request.

Interest at the rate of 21% per annum with effect from September 1996 until date of judgment. See pages 1-2 of the printed record of appeal.”

In addition to the above claims, the High Court (hereinafter to be named the court below) also granted costs assessed at N5,00…

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