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BRAIN NATHAN LYNN v. BASSI EMMANUEL USMAN

(2017) JELR 37538 (CA)

Court of Appeal  •  CA/J/29/2016  •  17 May 2017  •  Nigeria

Coram
ADAMU JAURO JCA; UCHECHUKWU ONYEMENAM JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

ADAMU JAURO, J.C.A. (Delivering the Leading Judgment): The appeal herein is against the ruling of Plateau State High Court of Justice in Suit PLD/J/47M/2012 presided over by Honourable Justice P.D. Damulak (Chief Judge) delivered on 25th March, 2014 wherein the learned trial Judge granted an application for the attachment and sale of the immoveable properties of the Appellant.

The facts of the case herein emanated from the judgment of FCT High Court, Abuja in Suit No.FCT/HC/CV/1069/2012 between the Appellant as the defendant and the respondent as the plaintiff wherein the learned Judge of the FCT High Court on 25th June, 2012 entered judgment for the respondent as follows:

"1. The defendant is hereby ordered to refund the sum of N21,600,000.00 (Twenty One Million, Six Hundred Thousand Naira) being the total sum (with its agreed interest) collected from the plaintiff by the Defendant for the purpose of financing an electronic business.

2. The defendant shall pay 10% interest on the judgme…

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