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CHAMPION BREWERIES PLC v. SPECIALTY LINK LIMITED & ANOR

(2014) JELR 36399 (CA)

Court of Appeal  •  CA/K/16/2006  •  28 May 2014  •  Nigeria

Coram
ABDU ABOKI JCA; ITA G. MBABA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

ITA G. MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Kaduna State High Court, in Suit No. KDH/KAD/185/99, delivered on 13/6/2003 by Hon. Justice J. Abiriyi (as he then was), wherein his Lordship entered judgment for the Plaintiff (now 1st Respondent) and awarded 8% interest on the original sum of N21,750,000.00 loaned to the 1st Defendant (now Appellant) and guaranteed by the 2nd Defendant from 6/4/98 to the date of full liquidation. The trial court had dismissed the claim for special and general damages, sought by the 1st Respondent.

Appellant was granted extension of time/leave by this court, on 19/4/04, to file this appeal and it did so as per pages 266 to 267 of the Records of Appeal, disclosing 3 grounds of appeal, as follows:

(1) The Learned Trial Judge erred in law when he assumed jurisdiction to entertain this suit when the court lacked the jurisdiction to entertain same.

PARTICULARS OF ERROR

(a) The contract, the subject matter of …

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