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DR. S. AYO DADA & ORS v. PROFESSOR OLAJIDE

(2009) JELR 33617 (CA)

Court of Appeal  •  CA/I/77/2005  •  30 Jun 2009  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; CHIDI NWAOMA UWA JCA; MODUPE FASANMI JCA;

Judgement

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): This appeal arose from a decision of the High Court of Oyo State delivered by I. S. Yerima, J. on 6th June, 2003.

The Respondent as Plaintiff originally commenced the suit against the 1st and 2nd Appellants as Defendants jointly and severally under the undefended list procedure of the High Court of Oyo State pursuant to the order of Court of 8th November, 2001. At the hearing, the Appellants then Defendants mentioned the 3rd Appellant as their principal, the trial court thereafter ordered that pleadings be filed. The 3rd Appellant was later joined as 3rd Defendant by the Order of Court dated 21st March, 2002 on application by the Respondent.

The Plaintiff's claim against the Defendants jointly and severally before the lower Court are as follows:

"The Plaintiff claims against the Defendants jointly and severally the sum of N1,792,218.00 (One million, seven hundred and ninety two thousand, two hundred and eighteen Naira) being …

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