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BICHI INVESTMENT NIGERI LIMITED & ORS v. JGB VENTURES & ANOR

(2016) JELR 41598 (CA)

Court of Appeal  •  CA/K/160/11  •  15 Apr 2016  •  Nigeria

Coram
IBRAHIM SHATA BDLIYA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA; OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA;

Judgement

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A. (Delivering the Leading Judgment): The Respondents in this appeal, as Plaintiffs before the lower Court, by their Statement of Claim dated 25th August 2009, sought against the Appellants, a refund of N3,038,781.00 (Three Million, Eight Thousand, Seven Hundred and Eighty One Naira) being the advance payment made to the Appellants, representing 12% of the failed contract sum for the rural electrification of some towns in Kano State. This was followed by a Motion for Summary Judgment. In response to these processes, the Appellants, as Defendants, entered appearance, filed a Statement of Defence and also a Notice of Preliminary Objection. The lower Court, in a considered ruling delivered by Zailani J (as he then was), dismissed the Preliminary Objection as lacking in merit. At the hearing of the Motion for Summary Judgment, the Appellant indicated no opposition thereto, in consequence of which judgment was entered in favour of the Respondents as pra…

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