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MR. VENATIUS IKEM v. WAYMAKER PROPERTIES LTD

(2007) JELR 44026 (CA)

Court of Appeal  •  CA/A/18/M/05  •  22 May 2007  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA; MARY U. PETER-ODILI JCA; OYEBISI FOLAYEMI OMOLEYE JCA;

Judgement

MARY U. PETER-ODILI, JCA (Delivering the Leading Judgment) The appellant as Plaintiff at the High Court 9 sitting at Abuja and presided over by Han. Justice Salisu Garba, brought an action against the Defendants therein through the undefended list by writ of summons filed on the 20th March 2003 seeking the determination of the following claims:-

(a) The sum of N600, 000. 00 (Six Hundred Thousand Naira) only being the outstanding debt due from the Defendant to the Plaintiff for the sum of N2,200,000.00 (Two Million, Two Hundred Thousand Naira) only representing two years rent plus 10% agency fee for 1 unit 3 Bedroom Flat with Boys Quarters at Garki Abuja (vide pages 1- 5 and 11- 12 of the record).

The 1st Defendant/Respondent on the 25th February 2003 filed a Notice of Intention to Defend together with an Affidavit and an Annexure "A" (An affidavit of the 200 Defendant who was at all material times not being represented by the 1st Defendant's counsel).

The said motion was taken and gr…

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