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K.B. DALLAZ MOTORS LIMITED & ANOR v. MR. SAMUEL AYODELE BOROKINI & ANOR

(2004) JELR 44971 (CA)

Court of Appeal  •  CA/K/346/2001  •  13 May 2004  •  Nigeria

Coram
BABA ALKALI BA' ABA JCA; JOSEPH JEREMIAH UMOREN JCA; ABUBAKAR ABDUL-KADIR JEGA JCA;

Judgement

BABA ALKALI BA' ABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the Kaduna State High Court, holden at Kaduna in Suit No. KDH/KAD/528/00, delivered on 24/4/2001. The appellants who are the plaintiffs claim jointly and severally against the defendants as follows:-

"1. The sum of N2, 550, 000.00 being the market value of Peugeot 504 Saloon Car Best Line Engine/chasis No. 6159521 as at 23rd January, 2000, which was taken away from his possession in Kaduna, upon consideration i.e. promise that has totally failed.

1. Interest of 25% from the 23rd of January, 2000 until Judgment is delivered.

2. General damages in the sum of N2, 500, 000.00."

Upon being served with the writ of summons, a Notice of Preliminary Objection dated 4/12/2000 was filed on behalf of the 2nd defendant/applicant, raising objection to the hearing of the suit and shall urge the court to strike out the writ of summons on the 2nd defendant/applicant for non-compliance with the Rules …

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