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FRAZIMEX NIG. LTD & ANOR v. DOATEE CONCEPTS NIG. LTD.

(2010) JELR 37685 (CA)

Court of Appeal  •  CA/PH/675/2008  •  7 Jun 2010  •  Nigeria

Coram
I. THOMAS JCA; T. ABDULLAHI JCA; E. EKO. JCA;

Judgement

TIJJANI ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice, Rivers State in the Port Harcourt Judicial Division, Coram M.W. Danagogo (J) delivered on the 3rd day of October, 2008 whereby judgment was entered under the undefended list procedure in favour of the Respondent wherein the learned trial judge held thus:

"In conclusion and for the reasons I have given above, I hold that the claimant is entitled to judgment for the sum of N8,305,000.00 being debt owed it by the 1st and 2nd Defendants. I shall therefore give claimant judgment for this sum Pursuant to order 35 Rule 4 of the Rules of this Court, 10% interest per annum on the judgment sum from today 3rd October, 2008 until the judgment sum is paid.

Claimant's claim for N1,500,00.00 is however incompetent as cost is at the discretion ,of the court. I shall therefore assess cost at N100,000.00 against the 1st and 2nd Defendants in favour of the claimant."

The Res…

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