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BERLIET NIGERIA LTD. v. ALHAJI MUSTAPHA KACHALLA

(1995) JELR 45364 (SC)

Supreme Court  •  SC.185/1989  •  12 Dec 1995  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; ABUBAKAR BASHIR WALI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; EMANUEL OBIOMA OGWUEGBU JSC; SYLVESTEK UMARU ONU JSC;

Judgement

ONU, JSC: (Delivering the Leading Judgment): On the 29th day of November, 1982 Musdapher, C.J., (as he then was) sitting at the Kano State High Court holden in Kano, awarded judgment in plaintiff/appellant's favour in the sum of N112.882.72 against the defendant/respondent pursuant to a writ of summons issued under the undefended list.

An application to set aside the judgment was struck out on 7th March, 1983 by the same Chief Judge who had entered judgment for the appellant. The appellant who ostensibly did not ask for interest by its writ of summons aforesaid before or at the time when the judgment was entered in his favour, brought a motion ex parte dated 7th November, 1985 before Minjibir, Ag. C.J. (as he was) praying for an order that 10% interest be paid on the aforesaid judgment debt of 29th November, 1982 until it be wholly paid. The learned Ag. C.J. on 12th November, 1985 granted the appellant's application. This ex parte order was however short-lived as on 21st April, 1986, …

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