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MR. SOJI FAGBOHUN v. MAJOR AJAYI OGUNLEYE

(2014) JELR 42639 (CA)

Court of Appeal  •  CA/EK/61/2013  •  17 Jan 2014  •  Nigeria

Coram
PAUL ADAMU GALINJE JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; FATIMA OMORO AKINBAMI JCA;

Judgement

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): This Appeal is against the judgment of Hon. Justice M. A. Agbelusi, J. of the High Court, Ekiti State sitting at Ado-Ekiti, delivered on the 21st day of June, 2011. In the said decision, the learned trial judge entered judgment in favour of the Plaintiff/Respondent, hereinafter called the Respondent for a liquidated sum of N1,000,000.00 (One Million Naira). He also awarded 10% interest rate from the said 21st June, 2011 until the total judgment sum is paid.

The facts of the case as garnered from the Record of Appeal placed before us are as follows:

The Respondent commenced his action against the Defendant/Appellant, hereinafter called the Appellant vide an Ex Parte Application filed on 7th November, 2010 wherein he prayed the lower court for the following orders:

"1. An order for the issuance of a Writ of Summons against the Defendant in respect of a claim for a liquidated sum of N1,000,000.00 (One Million Naira on…

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