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CHANCHANGI AIRLINES (NIGERIA) LIMITED v. AFRICAN PETROLEUM PLC

(2014) JELR 36663 (CA)

Court of Appeal  •  CA/K/14/2012  •  23 Jan 2014  •  Nigeria

Coram
DALHATU ADAMU JCA; ABDI ABOKI JCA; ITA GEORGE MBABA JCA;

Judgement

ITA GEORGE MBABA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the Ruling of Kaduna State High Court in suit No. KDH/KAD/573/2011, delivered by M.T.M. Aliyu J, on 11/7/2011, entering Summary judgment in the suit for the plaintiff.

By a writ of summons, filed on 23/5/2011, the plaintiff (now Respondent) had claimed against the Defendant (now Appellant) as follows:

(1) "... The sum of N110,884,713.68 (One Hundred and ten Million, Eight Hundred and Eighty Four Thousand, Seven Hundred and Thirteen Naira, Sixty Eight Kobo) being outstanding debt for JET-A1 (aviation fuel) supplied to it and which the defendant has refused to pay despite repeated demands.

(2) Interest in the sum of (sic) 21% from the date of judgment until the debt is liquidated

(3) The cost of the suit."

(See page 2 of the Records of Appeal)

The Respondent also filed a statement of claim and witness depositions and address and pleaded the same reliefs. He filed a motion on notice on the same date 23/…

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