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KALU MARK & ANOR. V. GABRIEL EKE

(2004) JELR 33731 (SC)

Supreme Court  •  SC.35/1997  •  23 Jan 2004  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; UTHMAN MOHAMMED JSC; ANTHONY IKECHUKWU IGUH JSC; AKINTOLA OLUFEMI EJIWUNMI JSC; DAHIRU MUSDAPHER JSC;

Judgement

MUSDAPHER, J.S.C. (Delivering the Leading Judgment):Gabriel Eke, the respondent herein was the plaintiff before the High Court of Abia State in the Aba Judicial Division holden at Aba, when he claimed against the appellants herein as the defendants jointly and severally as follows:

"The plaintiff claims against the defendants jointly and severally the sum of N1,992,255.16k (One million nine hundred and ninety two thousand, two hundred and fifty five naira and sixteen kobo) being money had and received by the defendant for a consideration that has failed."

The plaintiff filed along with the writ of summons the particulars of claim thus:

"(1) The plaintiff is a businessman and resident at Aba and his office at No. 86 Azikiwe Road, Aba within the jurisdiction of this honourable court.

(2) The first defendant is the Managing Director and Chief Executive of the 2nd defendant which has its registered office at 102 School Road, Aba within the jurisdiction of this honourable court.

(3) The p…

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