DALA AIR SERVICES LIMITED V. SUDAN AIRWAYS LIMITED
(2004) JELR 45075 (CA)
Court of Appeal
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CA/K/225/2001
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9 Aug 2004
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Nigeria
Coram
ISA AYO SALAMI JCA;
BABA ALKALI BAÂ’ABA JCA;
ABUBAKAR ABDULKADIR JEGA JCA;
Appearances
D. Olaniyan, Esq. For Appellant
J. K. Bature, Esq. For Respondent
Judgement
<p>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:-</p><p> 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: </p><p> "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.</p><p> 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.</p><p> 3. The cost of filing and prosecuting this action as well as legal costs."</p><p> Before the matter went to court, the plaintiff in the lower court who is an airline m…</p>