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INTEGRATED BUILDERS V. DOMZAQ VENTURES NIGERIA LIMITED.

(2004) JELR 45054 (CA)

Court of Appeal  •  CA/I/99/2000  •  6 Jul 2004  •  Nigeria

Coram
SAKA ADEYEMI IBIYEYE JCA; VICTOR AIMEPOMO OYELEYE OMAGE JCA; OLUFUNLOLA OYELOLA ADEKEYE JCA;

Judgement

IBIYEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Kolade, J. of Ibadan Judicial Division of the Oyo State High Court of justice delivered on the 2nd day of March, 1993.

The ruling is sequel to a judgment based on a writ of summons taken out against two defendants with an accompanying affidavit dated 17th day of June, 1993, setting out the grounds upon which the claim therein (the writ of summons) is based. The claim endorsed on the writ of summons is as follows:

"The plaintiff's claim against the defendants is for:

1. The sum of N422,000.00 (Four hundred and twenty-two thousand Naira) being the cost of the electrical cables supplied to the defendants which fell due for payment on February, 1993 and which the defendants have not paid despite repeated demands.

2. Interest on the said sum of N422,000.00 (Four hundred and twenty-two thousand Naira) at the rate of 15% per month from 20th February, 1993, until payment."

The trial court in the absenceā€¦

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