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IMONIYAME HOLDINGS LTD. & ANOR V. SONEB ENTERPRISES LTD. & ORS

(2010) JELR 46551 (SC)

Supreme Court  •  SC.114/2002  •  29 Jan 2010  •  Nigeria

Coram
MAHMUD MOHAMMED JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC; MUHAMMED SAIFULLAHI MUNTAKA-COOMASSIE JSC; OLUFUNLOLA OYELOLA ADEKEYE JSC;

Appearances
DAFE DIEGBE Esq. with him is UDU DIEGBE Esq For Appellant OSAHON IHENYEN Esq for 1st and 2nd respondentsCHIEF O.O. OBONO-OBLA for the 3rd respondent with him J.O. OBONO OBLA (MRS.) For Respondent

Judgement

W. S. N. ONNOGHEN, J.S.C(Delivering The Leading Judgment): On the 13th day of January 2000, the respondents, as plaintiff, instituted Suit No. HK/3/2000 at the Akamkpa Division of the High Court of Cross River State under the Undefended List, claiming the following reliefs against the present appellants, who were the defendants therein:- "The Plaintiff claim against the Defendants jointly and severally is for the sum of Eight Million, One Hundred and Twenty Five Thousand Naira only (N8,125,000.00) being money owed and due from the supply of rubber lumps/lease rentals at Oban Rubber Estate Limited in Akamkpa Local Government Area with interest at the rate of 21% from January, 1999 till judgment and 10% from judgment until liquidation of the entire judgment debt."

The writ of summons is supported by an affidavit of 24 paragraphs to which certain documents are exhibited. By an order of the trial court made on the 24th day of January, 2000, the matter was entered for hearing under the un…

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