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FEDERAL COLLEGE OF EDUCATION (SPECIAL) OYO V. CHIEF AKIN AKINYEMI (PRACTICING UNDER THE NAME AND STYLE OF AKIN AKINYEMI & ASSOCIATES)

(2007) JELR 55248 (CA)

Court of Appeal  •  CA/I/14/2006  •  31 May 2007  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA (Presided) ALFRED PEARSON EYEWUMI AWALA JCA JOHN INYANG OKORO JCA (Read the Lead Judgment)

Judgement

OKORO JCA (Delivering the Lead Judgment): This is an appeal against the ruling of Yahaya, J. while sitting at the Federal High Court, Ibadan in suit No. PHC/IB/CS/54/2004 delivered on 27 July 2005. By a writ of summons and statement of claims filed on 5July 2004, the respondent who was plaintiff at the court below claimed against the appellant who was the defendant as follows:

“Whereof the plaintiff claims:

The reimbursable expensesof N251,200.00(two hundred and fifty-one thousand, two hundred naira) ) Full professionalfees of N6,300,000.00 (sixmillion, three hundred thousand naira) In the alternative:

) The professional fees less the concession

(iv) Interest on the said sum at 19% per year

(v) General damages - N10,000,000.00 (ten million naira ) The appellant filed its statement of defence on 18 October 2004. There were certain applications to regularize the processes which were taken and the matter set down for hearing. But by a motion on notice date 11 May 2005, and filed on 12 May…

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