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HENKEL CHEMICALS (NIG.) LTD. V. A. G. FERRERO & CO. LTD.

(2002) JELR 52810 (CA)

Court of Appeal  •  CA/K/277/2000  •  20 Jun 2002  •  Nigeria

Coram
ISA AYO SALAMI, JCA (Presided and Read the Lead Judgment) MAHMUD MOHAMMED, JCA VICTOR AIMEPOMO OYELEYE OMAGE, JCA

Judgement

SALAMI, JCA (Delivering the Lead Judgment): The plaintiff’s claim before the trial court against the defendant was as follows:- “(a) N449,474.45 (four hundred and forty nine thousand four hundred and seventy four naira forty-five kobo) only being the sum outstanding against the defendant in favour of the plaintiff on valuation certificate No. 18 issued by the defendant’s Architects on 7th December, 1989.

(b) Interest on the outstanding sum herein above at the minimum rate of 25% per annum from the date of the default by the defendant to effect payment according to contract i.e from 29th day of December, 1989 till judgment in this suit. (c) Interest at the rate of 10% per annum on the judgment debt from the date of judgment until the judgment debt is fully and finally settled by the defendant.” The action was brought under the undefended procedure at the Kaduna State High Court of Justice. Upon the defendant filing a notice of intention to defend supported by affidavit disclosing a de…

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