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MR. MICHAEL D. LAMU v. HON. NANPON T. BONGDEN

(2017) JELR 37449 (CA)

Court of Appeal  •  CA/J/344/2016  •  4 Jul 2017  •  Nigeria

Coram
AHMAD OLAREWAJU BELGORE JCA; FATIMA OMORO AKINBAMI JCA; PAUL OBI ELECHI JCA;

Judgement

FATIMA OMORO AKINBAMI, J.C.A. (Delivering the Leading Judgment): The Respondent by an order of the High Court, Jos, Plateau State dated 16-07-2015 took out a Writ of Summons against the Appellant under the Undefended List where the claim of the Respondent against the Appellant is for the sum of N1,711,000.00 with 10% interest on the Judgment sum per annum from date of Judgment until final liquidation. Upon service on the Appellant, he filed a notice of intention to defend. The Court thereafter considered the Appellants' process and ruled in his favour, on 18-09-2015. Subsequently, the matter was transferred to the general cause list for hearing. Parties were ordered to file pleadings.

The Respondent filed a 31 paragraph Statement of Claim while the Appellant denying liability filed a Statement of Defence of 17 paragraphs. The Respondent filed a 3 paragraph Rely to the statement of Defence. In proof of his claim, the Respondent testified and called four witnesses and tendered some Exhib…

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