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BULET INTERNATIONAL NIGERIA LIMITED V. TAJUDEEN KOLAWOLE BALOGUN (TRADING UNDER THE NAME AND STYLE ROASIO INTERNATIONAL)

(2001) JELR 44298 (CA)

Court of Appeal  •  CA/K/155/97  •  22 Mar 2001  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA; MAHMUD MOHAMMED JCA; VICTOR AIMEPOMO OYELEYE OMAGE JCA;

Judgement

RABIU DANLAMI MUHAMMAD, J.C.A (Delivering the Leading Judgment): The writ of summons in this suit was initially issued under the undefended suit. The plaintiff's claim, who is now the respondent in this appeal, was for the sum of N56, 325.00 being the cost of sub-contracting of full renovation works for block 11/202. The defendant, now the appellant herein, filed a notice of intention to defend. As a result of the notice of intention to defend and with the consent of both parties, the suit was transferred to the general cause list. Pleadings were ordered, filed and exchanged. In paragraph 14 of the statement of claim, the plaintiff claimed as follows:-

"Whereof the plaintiff claims the said sum of N70, 405.00 (SEVENTY THOUSAND FOUR HUNDRED AND FIVE NAIRA ONLY) from the Defendant with 21% interest per month on the said sum from 1st day of November, 1992 until the judgment is delivered in this suit and thereafter at 10% interest until the judgment is finally satisfied and the cost of th…

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