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CALVENPLY LIMITED VINCHI NIGERIA LIMITED C. ROHANA V. PEKAB INTERNATIONAL LIMITED

(2001) JELR 57259 (CA)

Court of Appeal  •  CA/E/61/98  •  1 Feb 2001  •  Nigeria

Coram
OKWUCHUKWU OPENE, JCA SIMEON OSUJI EKPE, JCA

Appearances
B. A. Izaka, Esq. - for the 1st Appellant. -*- Essien H. Andrews - for the 2nd and 3rd Appellants. A -*- Chief A. E. Assam - for the Respondent.

Judgement

EDOZIE, JCA. (Delivering the Lead Judgment): By a writ of summons dated 17th December, 1997 and filed at the Calabar High Court, the respondent as plaintiff claimed against the appellants reliefs the particulars of which read as follows:- β€œ1. The plaintiff claims against the defendants the sum of =N500,000 being the value of 30 litres of Diesel supplied to the defendants, for their use on the 17th day of July, 1996 on the orders of the defendants. 2. Interest at the rate of 21% per anum after judgment until the judgment sum is fully liquidated.” By a motion ex parte granted on 12/1/98 by Ilok J., the suit was placed on the undefended list and adjourned for hearing. The facts of the case according to the plaintiff may be garnered from the affidavit of Laurence

Bello in support of the aforesaid motion ex parte which read as follows:- β€œ1. That I am the manager of the plaintiff, by virtue of which I am conversant with the facts of this case and depose to this affidavit with the autho…

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