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EMCO & PARTNERS LIMITED & ORS v. DORBEEN NIGERIA LIMITED & ANOR

(2017) JELR 37361 (CA)

Court of Appeal  •  CA/E/293/2012  •  4 Dec 2017  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA TOM SHAIBU YAKUBU JCA MISITURA OMODERE BOLAJI-YUSUFF JCA

Judgement


HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Anambra State, Onitsha Judicial Division, delivered by Hon. Justice C. O. Nweke on 10/5/2012.

The facts that led to this Appeal are that the Respondents as Plaintiffs at the lower Court instituted an action against the Appellants as Defendants via a summary judgment procedure under Order 11 of the High Court of Anambra State (Civil Procedure) Rules, 2006, claiming the following reliefs:

a) The sum of ₦7,905,964.00 being the remainder of the debt and monies collected on behalf of the 1st Plaintiff by the 1st Defendant.

b) 21% yearly interest on the above debt from May 2009 till judgment is delivered in this suit.

c) 10% interest from the date of judgment till the judgment debt is paid in full.

d) ₦1,000,000.00 exemplary damages.

The case of the Respondents as Plaintiffs at the trial Court was that the Respondents owned several properties over which the 1st Appella…

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