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AHMED ALI KAHTAN V. MUZAKH ENGINEERING CO. LTD

(2010) JELR 33699 (CA)

Court of Appeal  •  CA/J/84/2002  •  7 Jul 2010  •  Nigeria

Coram
ZAINAB A. BULKACHUWA JCA; UZO I. NDUKWE-ANYANWU JCA; ABUBAKAR DATTI YAHAYA JCA;

Judgement

ZAINAB A. BULKACHUWA. J.C.A.(Delivering the Leading Judgment): By a writ of summons filed before the High Court of Justice Borno State on the 18th day of May, 2000 coram Zannah J., (as he then was) the respondent as plaintiff claimed the following reliefs;

'Whereof the plaintiff claims against the defendant the following reliefs;

(a) Specific performance for the payment to the plaintiff, the total sum of N13,478,531.78k (Thirteen Million, four hundred and seventy eight thousand five hundred and thirty one naira, seventy eight kobo), as agreed in the contract dated 15th September. 1998.

(b) 21% interest annually, thereon from the 30th of July. 1998 till judgment.

(c) 10% interest monthly from judgment till it is fully liquidated.

(d) N5.000.000.00 being general damages.

The defendant entered appearance on the 25th September, 2000 and parties after exchange of pleadings joined issued and the matter went into trial. The plaintiff testified, called two other witnesses and tendered four ex…

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