FIDELITY BANK PLC. V. PETROLEUM (SPECIAL) TRUST FUND & ORS.
(2012) JELR 35479 (CA)
Court of Appeal
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CA/L/442/2006
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19 Jan 2012
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Nigeria
Coram
HELEN MORONKEJI OGUNWUMIJU JCA;
JOHN INYANG OKORO JCA;
SIDI DAUDA BAGE JCA;
Appearances
Essien Udom,Inyang Udoema. For Appellant
Mrs. O. Badewore,Oreoluwa Omotayo (Miss) For Respondent
Judgement
<p>SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Lagos State, delivered by Hon. Justice K.O. Alogba, of the Commercial Division, in Suit No. LD/2124/2001, of the 7th of November 2003. The ruling was in favour of the 1st Respondent, (as Plaintiff in that court). By a summons for judgment dated the 22nd day of January 2002, the Plaintiff (1st Respondent) prayed for leave to enter judgment for Plaintiff against the 1st Defendant/Respondent for the sum of N35,053,542.19k with interest at 21% per annum from 2nd July 2001 until judgment and payment. In support is a verifying affidavit dated 22nd January, 2002 to which documents marked Exhibits 11 to 17 were annexed, as well as a further verifying affidavit dated 23rd April 2002 to which document marked Exhibit JP was annexed.</p><p> The Appellant on the 11th of January 2002, then as the sole Defendant, applied by motion on notice dated and filed on 11th January, 2002 made an appli…</p>