JOSEPH MANGTUP DIN V. INNOCENT OKOSE
(2013) JELR 35755 (CA)
Court of Appeal
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CA/J/60/2011
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15 Mar 2013
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Nigeria
Coram
JUMMAI HANNATU SANKEY JCA;
IBRAHIM SHATA BDLIYA JCA;
PETER OLABISI IGE JCA;
Appearances
Jim Gotom Esq. with F. Igbinedion Miss For Appellant
R. E. Ajobiewe Esq. For Respondent
Judgement
<p>IBRAHIM SHATA BDLIYA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Plateau State High Court sitting in Jos, delivered on the 14th of October, 2008, in Suit No.PLD/J/185/2008 between Innocent Okose then the Plaintiff and Joseph Mangtup Din then defendant. The facts of the case before the lower court as could be assembled from the affidavit filed by the parties are simple and straight forward. The Respondent (then Plaintiff) sued the appellant (then defendant) claiming the sum of (Five Hundred and Fifty Four Thousand Naira (N554,000.00) being outstanding sum of money for the supply of Plaster of Paris (POP) to the appellant; and 20% interest from 5th May, 2005, until date of final judgment. The suit was, upon application, placed on the Undefended List on 4th June, 2007. After being served with the Writ of Summons together with the affidavit in support, the appellant filed a Notice of Intention to defend supported by an affidavit. In the affidav…</p>