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KWARA STATE MINISTRY OF HEALTH & ANOR v. MALLAM ISSAH ELECTRICAL ENTERPRISES

(2011) JELR 33890 (CA)

Court of Appeal  •  CA/IL/22/2008  •  4 Mar 2011  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA; SOTONYE DENTON-WEST JCA; IGNATIUS IGWE AGUBE JCA;

Judgement

TIJJANI ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Kwara State High Court of Justice, Coram Gbadeyan (J) delivered on the 20th day of November, 2007 wherein the learned trial Judge overruled the Preliminary Objection brought by the appellants and consequently entered judgment in favour of the respondent; the appellants having conceded that they are indebted to the respondent (claimant) and are, therefore not contesting the amount as claimed by the respondent.

The learned trial judge held inter alia as follows:

"In his reply, Mrs. Abdulrahaman conceded that they are indebted to the claimant and are therefore not contesting the amount as stipulated by the claimant.

I am satisfied that there is no iota of dispute to be referred to any arbitrator in this matter.

The objection is, therefore overruled.

In the absence of any defence, judgment is accordingly entered for claimant as per the Writ of Summons."

Dissatisfied with the decisiā€¦

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