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HADEJIA JAMA'ARE RIVER BASIN DEVELOPMENT AUTHORITY v. CHIMANDE NIGERIA LIMITED

(2016) JELR 37070 (CA)

Court of Appeal  •  CA/K/433/2013  •  21 Jan 2016  •  Nigeria

Coram
UWANI MUSA ABBA-AJI JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA; AMINA AUDI WAMBAI JCA;

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A.(Delivering the Leading Judgment): The Respondent, as plaintiff, commenced the action in the lower Court against the Appellant, as defendant, and its claims were for:

i. The sum of N7,952,589.27 being the exact amount which the Appellant admitted owing the Respondent as per Exhibits MIE and MIH attached to the affidavit in support of the writ of summons.

ii. Interest on the said sum at bank rate of 23% from the 1st of May 2008 to the date of judgment and thereafter at the Court rate of 10% until final liquidation of the whole amount.

iii. The cost of instituting and prosecuting this suit the its logical conclusion, which is N200,000.00.

The suit was placed under the Undefended List by an order of Court made on the 18th of April, 2012 by Honorable Justice Abdullahi Mahmoud Bayero and it was listed as Suit No K/141/2012 and the matter was listed for hearing on the 15th of May, 2012.

The records show that the Appellant filed a notice of intention to defen…

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