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CHRISTABEN GROUP LTD & ANOR v. MR. A. I. ONI

(2008) JELR 46884 (CA)

Court of Appeal  •  CA/PH/24/2001  •  23 Apr 2008  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA; JCA; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA; IBRAHIM MOHAMMED MUSA SAULAWA JCA;

Judgement

KEKERE-EKUN, J.C.A. (Delivering the Leading Judgment): By a writ of summons dated 1st June, 1998, the respondent herein, as plaintiff, instituted an action against the appellants, as defendants, before the High Court of Rivers State sitting at Nchia for the recovery of a debt allegedly owed the respondent by the appellants. The respondent's claim at page 2 of the record is as follows:

"The plaintiff's claim against the defendants jointly and severally is for the sum of N 1, 583, 750.00 (One Million, Five Hundred and Eighty-Three Thousand, Seven Hundred and Fifty Naira) representing the unpaid balance outstanding against the defendants under an agreement entered into between the plaintiff and the defendants in April and May, 1994 in Port Harcourt whereby the plaintiff hired out to the defendants at defendants' request specified number of assorted equipment with operators at agreed daily cost for defendants' use at NAFCON (i.e. National Fertilizer Company of Nigeria Limited), Onne, Riveā€¦

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