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FEDERAL HOUSING AUTHORITY v. PETER OTEH

(2009) JELR 42124 (CA)

Court of Appeal  •  CA/A/109/2004  •  15 Jul 2009  •  Nigeria

Coram
UWANI MUSA ABBA-AJI JCA; JIMI OLUKAYODE BADA JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA;

Judgement

JIMI OLUKAYODE BADA, JCA (Delivering the Leading Judgment): This is an appeal against the Ruling of the Federal Capital Territory High Court, Abuja in Suit No. FCT/HC/CV/358/04 - PETER OTEH (In business as Peter Oteh and Company) v. FEDERAL HOUSING AUTHORITY delivered on the 25th day of May 2004.

According to the endorsement on the Writ of Summons, the Plaintiff now Respondent sued the Defendant now Appellant for the following reliefs:-

"(1) The sum of N366,141.22K being outstanding balance/debt due to the Plaintiff from the Defendant on payment Certificate No. 03, on account of executed contract.

(2) 21% interest on the said sum from November 1997 till Judgment is entered.

(3) 10% interest on the Judgment sum from the date of Judgment till the sum is liquidated."

At the lower Court, the Appellant brought an application to strike out the suit for lack of jurisdiction by virtue of Section 251(1)(p) of the 1999 Constitution of the Federal Republic of Nigeria.

The learned trial Judge a…

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