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LEADERS & COMPANY LIMITED v. KERRIE-DEE INDUSTRIES LIMITED & ANOR

(2018) JELR 38596 (CA)

Court of Appeal  •  CA/L/259M/2012  •  22 Mar 2018  •  Nigeria

Coram
TIJJANI ABUBAKAR JCA; BIOBELE ABRAHAM GEORGEWILL JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Judgement

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Lagos State; coram LAWAL-AKAPO, J., delivered on the 12th of November, 2010 entering judgment in favour of the Respondents under Order 11 Rule 1 and 5(2) of the High Court of Lagos State (Civil Procedure) Rules, 2004 on claims that on a liquidated money demand.

The Appellant being dissatisfied with the decision of the Lower Court filed a Notice of Appeal on eight grounds on the 1st of December, 2010.

The Respondents on the 12th of April, 2010 commenced a suit against the Appellant by filing a writ of summons and statement of claim in line with Order 3 Rule 2, including an application for summary judgment dated 12/04/2010. The Respondents also filed a counter affidavit to the Appellant's motion for appointment of an independent auditor to conduct an audit/accounts/inquiry into the accounts of the Respondents with Appellant dated 13/7/2010.

The Respondents' …

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