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EMESPO J. CONTINENTAL LIMITED & ANOR v. AUTOMOTOR FRANCE S.A

(2016) JELR 36731 (CA)

Court of Appeal  •  CA/L/528/2006  •  21 Dec 2016  •  Nigeria

Coram
YARGATA BYENCHIT NIMPAR JCA; BIOBELE ABRAHAM GEORGEWILL JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): The Lagos State High Court in a judgment delivered on the 9th February, 2009 entered judgment for the respondent in a claim brought under the Summary judgment procedure thus:

"Final judgment is entered in favour of the claimant in the sum of 210,516.00 or its Naira equivalent at the prevailing exchange rate as at today, the date judgment is delivered being the outstanding debt owed by the Defendant to the claimant.

The Defendant shall pay interest on the judgment debt at the prevailing rate from July, 2001 till date of judgment and thereafter at 15% until the final liquidation of the judgment debt."

Dissatisfied with the judgment, the Appellants (defendants at lower Court) filed an Amended Notice of Appeal dated 6th March 2009 and filed on 24th July, 2009 pursuant to order of Court made on the 7th of July, 2014. The Amended Notice of Appeal set out 3 grounds of Appeal and sought for the following reliefs:

1. An order of th…

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