MR. JERRY EDOSOMWAN V. EDO LINE TRANSPORT COMPANY LIMITED

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): This appeal is against the Ruling of the High Court of Edo State sitting in Benin and delivered on the 5th day of February, 2016, wherein a default judgment entered in favour of the Appellant was set aside upon an application by the Respondent.

The Appellant herein had as plaintiff in the trial Court instituted an action via a writ of summons dated 5/7/2007 and as per paragraph 12 of the statement of claim sought the following reliefs against the defendant now Respondent.

(a) AN ORDER that the defendant should deliver possession of the demised premises i.e No. 22 James Watt Road, Benin City to the Plaintiff, the lease agreement having been terminated and/or determined.

(b) The sum of Nine Hundred and Ten Thousand, Three Hundred Seventy Naira, ₦910,370.00 from 1st November, 2004 until satisfaction of judgment and/or delivery of possession of the premises.

(c) 21% interest on the amount in paragraphs 12(b) above per annum.

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