THE HONOURABLE COMMISSIONER FOR JUSTICE ZAMFARA STATE & ORS V. AGBAMA TECHNICAL COMPANY LIMITED
(2018) JELR 39576 (CA)
Court of Appeal
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CA/S/44/2017
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23 Feb 2018
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Nigeria
Coram
HUSSEIN MUKHTAR JCA;
MUHAMMED LAWAL SHUAIBU JCA;
FREDERICK OZIAKPONO OHO JCA;
Appearances
Sirajo Abdullahi, Esq. (Deputy Director, Civil Litigations, Ministry of Justice Zamfara State) For Appellant
Samson Ogana, Esq. For Respondent
Judgement
<p><strong>FREDERICK OZIAKPONO OHO, JCA (DELIVERING THE LEADING JUDGMENT): </strong>This Appeal is against the decision of the Zamfara State High Court, Coram BELLO ALIYU GUSAU, J. of Gusau Judicial Division, delivered on the 18-10-2011 wherein the Lower Trial Court entered judgment against the Appellants jointly in favour of the Respondent in the sum of N32,162,067.00 plus 10% interest on the same sum of N32,162,067.00 from the day the judgment was delivered until the judgment sum is finally liquidated.</p><p>On the 6-7-2011 the Respondent commenced Suit No: ZMS/GS/47/2011 against the Appellants as Defendants under the Undefended List Procedure, wherein the Writ of Summons was filed together with a supporting affidavit stating that the Appellants have no defence to the action. See page 1-6 of the Records of Appeal. The Appellants were thus sued jointly and severally as Defendants thus;</p><p>1. The sum of N32,162,067.00 (thirty two million, one hundred and sixty-two thousand, sixty- seven Naira) only; as sum due and …</p>