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FEDERAL MORTGAGE FINANCE LTD. V. RIVERS STATE POLYTECHNIC, BORI

(2004) JELR 36105 (CA)

Court of Appeal  •  CA/PH/364/99  •  15 Nov 2004  •  Nigeria

Coram
VICTOR AIMEPOMO OYELEYE OMAGE JCA; JOHN AFOLABI FABIYI JCA; PIUS OLAYIWOLA ADEREMI JCA;

Judgement

FABIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling delivered by Ichoku, C.J, sitting at High Court of Justice, Port Harcourt on 2nd December, 1998. The suit was initiated under the undefended list procedure. Judgment was entered in favour of the respondent, against the appellant in the sum of N5,561,045.50 as well as interest calculated at 30% from 11th February, 1998 until the debt is liquidated. The learned trial CJ capped it with costs fixed at N2,000 to the respondent.

The claim of the respondent as plaintiff at the trial court against the appellant as defendant therein, as endorsed on the writ of summons, reads as follows:-

"(a) N5,561,045.50 (five million, five hundred and sixty-one thousand, forty-five naira, fifty kobo) only being tuition and accommodation fees received by the defendant on behalf of the plaintiff from the students of the plaintiff.

(b) 30% interest on the above sum from 11th February, 1998 until the debt is liquidated."

I…

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