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OLUWOLE KOLAWOLE V. LANRE ADEBODUN OLORIOKO NIGRIA LIMITED & ANOR

(2015) JELR 40510 (CA)

Court of Appeal  •  CA/EK/61/2014  •  10 Jul 2015  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; FATIMA OMORO AKINBAMI JCA; BOLOUKUROMO MOSES UGO JCA;

Appearances
K. B. A. Badmus for the Appellant/Cross Respondent. For Appellant R. O. Balogun with him Temitope Onifade Esq. for the Respondent/Cross Appellant. For Respondent

Judgement

FATIMA OMORO AKINBAMI, JCA(Delivering the Leading Judgment): The Plaintiff's claims against the Defendants in the High Court of Justice, Ekiti State, Ido-Ekiti Judicial Division, as per the Writ of Summons are:

"(1) The sum of One Million, Two Hundred and Forty Thousand Naira (₦1,240,000.00), being money had and received by the Defendants from the Plaintiff in respect of a hire purchase agreement between the Plaintiff and the Defendants concerning Toyota Lite Ace Bus Registration Number: Ekiti XA 658 TUN which said agreement was determined by the Defendants sometime in June, 2010 when the 2nd Defendant unilaterally, without the knowledge or consent of the Plaintiff sold the said vehicle.

(2) Interest on the said sum at the rate of 20% per annum, from June, 2010 until judgment and thereafter at 10% until the judgment sum is liquidated."

The Defendants filed a Statement of Defence and Counter-Claim on 25/6/2012. After issues had been joined by the parties, this suit was set down for hea…

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