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JULIUS BERGER NIGERIA PLC. PETER NWACHUKU V. TOKI RAINBOW COMMUNITY BANK LTD

(2009) JELR 55824 (CA)

Court of Appeal  •  CA/PH/365/2006  •  25 Jun 2009  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA

Judgement

GARBA JCA (Delivering the Lead Judgment): This appeal is from the decision of the High Court of Rivers State delivered on 21 December 2005 in suit No. PHC/1070/99. The decision was that judgment was entered for the respondent (as plaintiff) against the appellants (as 3rd and 4th defendants) as per plaintiffs’ claim against them as stated in paragraph 19 (1)-(7) of the plaintiff’s amended statement of claim of 17 March 2000.

The claims on the paragraph which appear at pages 52-53 of the printed record of appeal are as follows: “19. Wherefore the plaintiff claims from the defendants jointly and severally as follows: The sum of N1,900,800.00 (one million, nine hundred thousand, eight hundred naira) due and payable to the plaintiff by the 4th defendant on 9 April 1997, following the assignment by the 2nd defendant of the benefit of the contract between the 2nd defendant and the 4th defendant to the plaintiff. Interest at the rate of 21% per annum for two months, that is to say 26 March t…

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