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G. CAPPA PLC V. FRANCIS NNAEGBUNA AND SONS LTD & ANOR.

(2009) JELR 33947 (CA)

Court of Appeal  •  CA/K/284/2005  •  15 Jul 2009  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; JOHN INYANG OKORO JCA; THERESA N. ORJI - ABADUA JCA;

Judgement

JOHN INYANG OKORO, J.C.A. (Delivering the Leading Judgment): The Appellant contracted the Respondents to supply it with white wood in 2002 which the Respondents complied at five installments worth N5,279,650.00 (Five Million, Two Hundred and Seventy-Nine Thousand, Six Hundred and Fifty Naira) which sum the appellant failed to pay to the Respondents. In 2004, the Respondents sought and obtained leave of the Kaduna State High Court to file an action against the Appellant under the undefended list.

On receipt of the Respondent's writ, the Appellant filed Notice of intention to defend, wherein it filed an affidavit of six paragraphs and averred as follows in paragraphs 4 (a) - (d) thereof:-

(a) That the defendant is not indebted to the plaintiffs as alleged or at all.

(b) That the Defendant never gave the plaintiffs contracts as alleged because the only site the Defendant had was building contract with Ministry of Foreign Affairs and work had since 2002 stopped at the site.

(c) Conseque…

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