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ILORIN SOUTH LOCAL GOVERNMENT v. SAMAD PAPER CONVERTING CO. LTD

(2007) JELR 38117 (CA)

Court of Appeal  •  CA/IL/55/2006  •  25 Apr 2007  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA; HELEN MORONKEJI OGUNWUMIJU JCA; IGNATIUS IGWE AGUBE JCA;

Judgement

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice J. F. Gbadeyan sitting at Ilorin High Court Kwara State delivered on 16/11/2005. The facts which led to this appeal are stated as follows:

The Respondent as Plaintiff/Claimant instituted the action culminating into this appeal under the undefended list procedure. By the endorsement on the writ of summons, the Respondent claimed the following reliefs against the Appellant:

a) The Plaintiff claim is for the sum of one million, three hundred and thirty five thousand, four hundred naira - (N1,335,400) only, being the unpaid balance of one Million, Nine Hundred and Thirty Thousand, Four Hundred Naira (N1,930,400) only of the contract sum for the supply of various text books to the Defendant

b) 21% interest per annum from 23rd of August, 2000 till the date of judgment.

c) 10% interest from the date of judgment until the whole money is finally liquidated.

The Appella…

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