INCAPINT LIMITED V. ASSET MANAGEMENT CORPORATION OF NIGERIA
(2023) JELR 110721 (CA)
Court of Appeal
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CA/LAG/CV/428/2019
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17 Mar 2023
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Nigeria
Coram
Muhammed Lawal Shuaibu JCA
Joseph Eyo Ekanem JCA
Folasade Ayodeji Ojo JCA
Appearances
Ugo Onwukwe, Esq. for the Appellant(s)
Akin Adepoju, Esq. for the Respondent(s)
Judgement
<p><strong>JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment):</strong> This appeal is against the judgment of the Federal High Court sitting at Lagos (the trial Court) delivered on 17/12/2019 in Suit No. FHC/L/CS/2017 by I. N. Buba, J. In the judgment, the trial Court held that suit filed by the respondent against the appellant was not statute-barred and that the case of the respondent succeeded. It therefore entered judgment in favour of the respondent in the following terms:</p><p><strong>1. That the appellant shall pay to the respondent the sum of N569,855,355.42 owed to the respondent by the appellant.</strong></p><p><strong>2. Interest on the above sum at the rate of 15% per annum from 1st March, 2017 until the date of the judgment and at the rate of 10% per annum until the final liquidation of the suit ( sic; sum).</strong></p><p>Aggrieved by the judgment, the appellant appealed to this Court by the means of a notice of appeal which bears 7 grounds of appeal.</p><p>The facts of the case as presented by the respondent (qua claimant) are that the appe…</p>