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DALA AIR SERVICES LIMITED v. SUDAN AIRWAYS LIMITED

(2004) JELR 45075 (CA)

Court of Appeal  •  CA/K/225/2001  •  9 Aug 2004  •  Nigeria

Coram
ISA AYO SALAMI JCA; BABA ALKALI BA’ABA JCA; ABUBAKAR ABDULKADIR JEGA JCA;

Judgement

JEGA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Kano State High Court of Justice sitting at Kano in suit No.K/57/2001 delivered on the 13th day of June, 2001 by Haliru, J. The facts of this case as can be gathered from the record of proceedings are as follows:-

The respondent commenced this action under the undefended list procedure against the appellant. The respondent claim before the lower court as endorsed on the writ of summons are as follows:

"1. The sum of N14,931,900.00 (fourteen million, nine hundred and thirty one thousand, nine hundred naira) being the unremittted sales proceeds of the plaintiff's air tickets entrusted to the defendants.

2. The court rate interest of 10% per annum on the judgment sum from the day of judgment until full and final liquidation of the same.

3. The cost of filing and prosecuting this action as well as legal costs."

Before the matter went to court, the plaintiff in the lower court who is an airline m…

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