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ELOZIK NIGERIA LIMITED & MR ISSAC OMOTIE V. SACH OIL NIGERIA LIMITED

(2021) JELR 109562 (CA)

Court of Appeal  •  CA/AS/397/2019  •  28 May 2021  •  Nigeria

Coram
Mohammed Ambi-Usi Danjuma, JCA Joseph Eyo Ekanem, JCA Abimbola Osarugue Obaseki-Adejumo, JCA

Judgement

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This appeal flows from judgment delivered by the Delta State High Court, Effurun Judicial Division delivered on 30th April, 2019, by E. N. EMUDIANOWHO, J in favour of the Respondent/Claimant. The Respondent/Claimant took a writ of summons against the Appellants/Defendants claiming jointly and severally as follows:

A. “N39,670,000.00 (Thirty-Nine Million, Six Hundred and Seventy Thousand Naira) being the outstanding balance sum due and payable to the Claimant as at November 30th, 2015.

B. The sum of N3,906,000.00 (Three Million, Nine Hundred and Six Thousand Naira) being income of N63,000.00 (Sixty Three thousand Naira) per day from the 1st day of December, 2015 and thereafter the sum of N63,000.00 per day from February 1st, 2016 until the Tug boat is returned to the Claimant’s jetty.

C. 10% interest per month on the sum of N39,670,000.00 (Thirty-Nine Million, Six Hundred and Seventy Thousand Naira) from January …

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