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FIRST CONTINENTAL PROPERTIES LTD v. DIVINE TRIOP LTD

(2017) JELR 37614 (CA)

Court of Appeal  •  CA/A/13/2015  •  14 Jun 2017  •  Nigeria

Coram
ABDU ABOKI JCA; PETER OLABISI IGE JCA; EMMANUEL AKOMAYE AGIM JCA;

Judgement

ABDU ABOKI, J.C.A. (Delivering the Leading Judgment): By a Writ of Summons, filed on the 20th of May 2014 and placed under the Undefended List, the Respondent herein as Plaintiff at the High Court of the Federal Capital Territory sitting at Abuja claimed against the Appellant, as Defendant, the following reliefs:

1. The sum of N2,993,447.00 (Two Million, Nine Hundred and Ninety Three Thousand, Four Hundred and Forty-Seven Naira) only, being outstanding payment on material supplied;

PARTICULARS

(i) Per Invoice Nos 0022 dated 07/01/13 for supply of granite, stone dust and sharp sand ........ N438,626.00

(ii) Per Invoice No, 0788 dated 05/12/2012 for the supply of sharp sand granite N2,554,821.00

TOTAL N2,993,447.00

2. Cost of action

3. Statutory Interest of 10% per annum from the date of judgment until judgment debt is fully liquidated.

The writ of summons was accompanied by an 18 paragraph affidavit deposed to by one Mr. N. Omovigho, Managing Director of the Respondent, stating the grounds upo…

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