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BONA V. TEXTILE LTD. & ANOR.V. ASABA TEXTILE MILL PLC.

(2012) JELR 33428 (SC)

Supreme Court  •  SC.11/2007  •  7 Dec 2012  •  Nigeria

Coram
MAHMUD MOHAMMED JSC; MUHAMMAD SAIFULLAH MUNTAKA COOMASSIE JSC; SULEIMAN GALADIMA JSC; NWALI SYLVESTER NGWUTA JSC; OLUKAYODE ARIWOOLA JSC;

Judgement

OLU ARIWOOLA J.S.C, (Delivering the Leading Judgment): The action that finally led to this appeal emanated from the High Court of Justice of Delta State in the Asaba Division, holden at Asaba. The action was initiated by the Asaba Textile Mill Plc as Plaintiff, hereinafter referred to as the Appellant while the Respondents herein were the Defendants at the trial court.

The action was commenced by a Writ of Summons under the undefended List Procedure. The plaintiff had claimed by the endorsement on its Writ of Summons as follows:

"(a) The sum of Five million, five hundred and sixty two thousand, eight hundred and seventy five naira, seventy two kobo (N5,562,875.72) being the defendants' indebtedness to the plaintiff which sum the defendants refused to refund despite repeated demands.

(b) Interest on the said N5,562,875.72 at the rate of 20% until the entire sum is liquidated."

In support of the claim was an affidavit of 19 paragraphs to which various documents were attached and marked…

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