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JOS NORTH LOCAL GOVERNMENT V. ADESOLA DANIYAN (TRADING UNDER THE NAME AND STYLE OF DANIYAN & ASSOCIATE)

(2000) JELR 55168 (CA)

Court of Appeal  •  CA/J/316/98  •  23 May 2000  •  Nigeria

Coram
JUSTIN T. AKPABIO, JCA. (Presided and Read the Lead Judgment) JOSEPH JEREMIAH UMOREN, JCA. ISA ABUBAKAR MANGAJI, JCA.

Judgement

AKPABIO, JCA: (Delivering the Lead Judgment) This is an appeal against a decision of DAKYEN J., of the Plateau State High Court, holden at Jos in Suit No. PLD/J116/98 delivered on 6/4/98, wherein he refused to transfer the suit which was placed on the UNDEFENDED LIST to the General Cause List for hearing and determination, but rather entered judgment in the sum of N3,050,187.83 in favour of the plaintiff, being payment for professional services rendered to the Defendant plus interest at the rate of 10% from the 7th April of 1998 until the judgment sum was liquidated, with no order as to costs .

The claim of the Plaintiff, which was placed under the Undefended List read as follows:

“STATEMENT OF CLAIM The Plaintiff’s Claim is for the sum of N3,050,187.83 being payment for professional services rendered to the Defendant.

The Plaintiff is a firm of Estate Surveyors and Valuers, Real Estate Consultants and Relocation Agents with its registered office within the jurisdiction of this court…

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