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MR. EZEKIEL JOHN GYANG JOCK & ANOR V. SUM-MEX NIGERIA LIMITED

(2017) JELR 37362 (CA)

Court of Appeal  •  CA/J/122/2016  •  17 Mar 2017  •  Nigeria

Coram
ADAMU JAURO JCA; UCHECHUKWU ONYEMENAM JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Appearances
S.D. Maren, Esq. holding the brief of M.D. Mwadkon, Esq. For Appellant I.E. Asogwa, Esq. For Respondent

Judgement

ADAMU JAURO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Plateau State High Court of Justice in Suit No. PLD/J/561/2014 presided over by Hon. Justice P.D. Damulak (Chief Judge) delivered on the 21st December, 2015.

By the respondent/plaintiff's writ of summons filed on 4th December, 2014 before the trial Court, it claimed against the appellants/defendants the following reliefs:

"1. The sum of N3,312,500.00 being the value for different electrical materials supplied to the 1st defendant for use by the 2nd defendant on credit by the plaintiff at the defendants' request at various dates between May-June, 2011 which the defendants refused and failed to pay despite repeated demands.

2. 10% interest on the said sum of N3,312,500.00 from the date of judgment until final liquidation."

See page 17-18 of the record.

The respondent by its affidavit in support of it claims stated that at various dates between May 2011-June, 2011, the 1st appellant approached…

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