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KEMTAS NIGERIA LIMITED KEMTAS PAPERS CONVERTERS LTD PRINCE YEMI ISIOYE V. FAB ANIEH NIGERIA LTD THE GATEWAY INSURANCE CO. LTD

(2006) JELR 52572 (CA)

Court of Appeal  •  CA/IL/26/2005  •  14 Jul 2006  •  Nigeria

Coram
MUHAMMAD S. MUNTAKA-COOMASSIE JCA (Presided) TIJJANI ABDULLAHI JCA (Read the Lead Judgment) HELEN MORONKEJI OGUNWUMIJU JCA

Appearances
Dayo Akinlaja - for the Appellants. -*- Prince A. M. G. Anakwe - for the Respondents.

Judgement

ABDULLAHI JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Justice, Kwara State. Coram: A.

A.Adebara J, delivered on the 19th day of May, 2004 in suit No. KWS/45/ 1990. The respondent was the plaintiff at the lower court and claimed against the appellants as defendants the sum of N2,328,600.00 (two million, three hundred and twenty-eight thousand, six hundred naira) being money had and received by the 1st defendant as advance part payment made by the plaintiff for the production, printing and delivery of PTF exercise books by the 1st defendant; and which said sum of money the 2nd defendant stood surety for; and guaranteed and/or underwritten by the 3rd defendant by an insurance performance advance payment bond. 10% compound interest on the said sum of N2,328,600.00 (two million, three hundred and twenty-eight thousand, six hundred naira) from the date judgment is delivered until the total liquidation of the entire debt.

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