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MR DEBO KOKOORIN v. PATIGI LOCAL GOVERNMENT

(2009) JELR 47431 (CA)

Court of Appeal  •  CA/IL/69/2007  •  29 Jun 2009  •  Nigeria

Coram
SAKA ADEYEMI IBIYEYE JCA; OFR JCA; SOTONYE DENTON-WEST JCA; CENTUS CHIMA NWEZE JCA;

Judgement

SAKA ADEYEMI IBIYEYE, J.C.A. OFR (Delivering the Leading Judgment): This is an appeal against the ruling of R. O. Elelu-Habeeb, J. (as she then was) delivered on 26th October, 2006 in which the preliminary objection raised was sustained and the Writ of Summons filed on 28th September, 2005 for a cause of action which arose on 28th of June, 2001 was struck out in its entirety.

Brief antecedents of what culminated in the ruling (supra) are that plaintiff claimed against the defendant as follows:

"1. The sum of N615, 000.00 (sic) (Six Hundred and Fifteen Thousand Naira) only being the cost of the contract executed for the defendant by the plaintiff on 28/6/2001.

2. Interest at the rate of 10% per annum on the judgment sum from the date of judgment until final liquidation."

Subsequent to the filing of the Writ of Summons, the plaintiff sought and got the leave of the trial Court to place the action on an undefended list on 24th January, 2006.

The defendant on its part sought and got the l…

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