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INTERCONTINENTAL BANK LTD V. BRIFINA LIMITED

(2012) JELR 34775 (SC)

Supreme Court  •  SC.67/2004  •  11 May 2012  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR JSC; FRANCIS FEDODE TABAI JSC; SULEIMAN GALADIMA JSC; NWALI SYLVESTER NGWUTA JSC; OLUKAYODE ARIWOOLA JSC;

Appearances
Emeka Okoye Esq. For Appellant Cameron Eze Esq. For Respondent

Judgement

SULEIMAN GALADIMA, J.S.C. (Delivering the Leading Judgment): The Appellant as plaintiff filed a suit under the undefended list at the High Court of Justice Onitsha, Anambra State of Nigeria claiming the following reliefs:

"a. The sum of N168,077,485.40 (One Hundred and Sixty Eight Million Seventy Seven Thousand, Four Hundred and Eighty-Five Naira, Forty Kobo) being outstanding sum/balance owed the Plaintiff by the Defendant as at 25th April, 2000.

b. 28% interest on the sum of N168,077,485,40 (One Hundred and Sixty Eight Million Seventy Seven Thousand Four Hundred and Eighty-Five Naira, Forty kobo) from 6th May, 2000 till judgment is delivered in this Suit and thereafter sum is liquidated.

c. The sum of N3,500,000.00 (Three Million Five Hundred Thousand Naira) comprising professional fees for hiring a Solicitor and also legal expenses for prosecuting this matter".

The Respondent, herein, as the Defendant at the trial Court filed a Memorandum of Conditional Appearance instead of the No…

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