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EMENIKE MBANUGO & CO v. FIRST BANK OF NIGERIA PLC

(2014) JELR 34359 (CA)

Court of Appeal  •  CA/L/29/2010  •  7 May 2014  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA; RITA NOSAKHARE PEMU JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA;

Judgement

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of G. M. Onyeabo .J. delivered on the 13th of March 2009, at the High Court of Justice Ikeja in Suit No ID/1596/2002.

Facts culminating in the bringing of this appeal are apt.

The Appellant was Claimant in the lower Court and by Writ of summons and statement of claim dated 24th September 2002, he claimed against International Airports Consultants Limited as Defendant as follows:-

(a) The sum of N74,649.60 and interest thereon at the rate of 20% per month from the 25th day of April, 2001 until Judgment and thereafter at the rate of 7% per annum until the Judgment sum is fully paid.

(b) The cost of instituting and prosecuting this suit. - Pages 1-4 of the Record of Appeal.

The Defendant is not a party to this appeal. This is because the Defendant from records, filed no Statement of Defence but only entered conditional appearance on the 21st of May 2003.

The Appellant took out a summons …

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