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KWARA STATE POLYTECHNIC v. TUNFOS VENTURE NIGERIA LIMITED

(2018) JELR 38341 (CA)

Court of Appeal  •  CA/IL/61/17  •  18 May 2018  •  Nigeria

Coram
CHIDI NWAOMA UWA JCA; HAMMA AKAWU BARKA JCA; BOLOUKUROMO MOSES UGO JCA;

Judgement

CHIDI NWAOMA UWA, JCA (Delivering the Leading Judgment): The appeal is against the judgment of the Kwara State High Court delivered on the 18th day of January, 2017, presided over by E.B. Mohammed, J, in which the claims of the respondent (as claimant) were granted.

The action at the lower court against the appellant was by the undefended list procedure pursuant to Order 23 Rule 3(1) of the Rules of the Court, 2005. In the writ of summons taken out on the 28th day of June, 2016, the respondent as claimant, claimed against the Appellant as follows:

(1) A sum of N14,940,046.49, (Fourteen Million, Nine Hundred and Forty Thousand, Forty Six Naira, Forty Nine Kobo) only.

(2) 25% interest on the sum of N14,940.046.49 (Fourteen Million, Nine Hundred and Forty Thousand, Forty Six Naira, Forty Nine Kobo) from the date of Judgment until the said sum is liquidated.

The Respondent filed a twenty seven (27) paragraph affidavit in support of the said writ of summons with some documents attached. In res…

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