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GOODWILL COMPANY LTD. V. CALABAR CEMENT COMPANY LTD. (IN LIQUIDATION) & ORS.

(2009) JELR 33614 (CA)

Court of Appeal  •  CA/C/62/2007  •  11 Mar 2009  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; JEAN OMOKRI JCA; THERESA N. ORJI-ABADUA JCA;

Judgement

JEAN OMOKRI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Federal High Court, sitting in Calabar, Coram, Ajakaiye, J., in Suit No. FHC/CA/CS/66/2004 delivered on the 3/11/06, in which the trial Judge upheld the preliminary objection of 1st and 2nd respondents that the action was statute barred-and accordingly dismissed the suit.

The appellant company, as plaintiff, instituted proceedings against the 1st - 6th respondents, who were the defendants, before the trial court, on the 4/6/04 claiming at paragraph 50 of the statement of claim, which appears at page 12 of the record of appeal, as follows:

"(1) The sum of N285,000,000.00 (Two Hundred and Eighty-Five Million Naira) being fees for consultancy services and other charges rendered for the reactivation of the 1st defendant.

(2) 21% Central Bank interest rate from 10th day of December, 1997 until judgment, thereafter at the rate of 10% until the entire judgment sum is fully liquidated."

Event…

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