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GOVERNMENT OF RIVERS STATE & ANOR. v. BARNAX ENGINEERING COMPANY NIGERIA LIMITED

(2010) JELR 33701 (CA)

Court of Appeal  •  CA/A/159/2006  •  28 Feb 2010  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; ABDU ABOKI JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA;

Judgement

HON. JUSTICE UWANI MUSA ABBA AJI, J.C.A. (Delivered the Leading Judgment) This is an appeal against the Ruling of his lordship, Honourable Justice H. Muktar of the High court of the Federal Capital territory, Abuja (as he then was), delivered on 25th October, 2005, wherein judgment in the sum of N186, 365,852.99 (One Hundred and Eighty-Six Million, Three Hundred and Sixty-Five Thousand, Eight Hundred and Fifty-Two Hundred, Ninety-Nine Kobo) was entered against the defendants under the undefended list procedure as per the plaintiff's claim endorsed on the writ of summons.

The Respondent, who was the plaintiff at the High Court, instituted an action against the Defendants (now Appellants) under the undefended list procedure, claiming the following reliefs:-

1. The sum of N185, 688,938.92 (one hundred and eighty-five million, six hundred and eighty-eight thousand, nine hundred and thirty-eight naira, ninety-two kobo) being the principal outstanding balance for the supply of four (4) unit…

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