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CORPORATE AFFAIRS COMMISSION V. JUDE ELSWITCH LIMITED

(2016) JELR 46560 (CA)

Court of Appeal  •  CA/A/344/2012  •  25 May 2016  •  Nigeria

Coram
ABDU ABOKI JCA; TANI YUSUF HASSAN JCA; MOHAMMED MUSTAPHA JCA;

Appearances
Olafide Owonle, Esq. For Appellant Smart Iheazor, Esq. with him, Tochukwu Nweke, For Respondent

Judgement

MOHAMMED MUSTAPHA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of the Federal Capital Territory, Abuja Coram Hon. Justice S. C. Oriji, delivered on the 16th of December, 2011.

At the trial the respondent as plaintiff claimed the following reliefs:

a) The sum of Sixteen Million, Five Hundred and Sixty Eight Thousand, Seven Hundred and Seventy One Naira, Ninety kobo (N16, 568,771.90) only being balance from the (N29, 198,610.00) Twenty Nine Million, One Hundred and Ninety Eight Thousand, Six Hundred and Ten Naira contract sum for the installation of 1250 KVA generating set at the Defendant's Head Office at Tigris Crescent, Maitama, Abuja, executed by the plaintiff for the defendant.

b) An order mandating the defendant to issue to the Plaintiff an audit certificate by the plaintiff if same may constitute a condition precedent to the payment of the said sum by the bureaucracy/procedure of the defendant.

c) Interest at 15% rate per month f…

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