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MASSKEN NIGERIA LIMITED & ORS v. MR. AMBILE AMAKA & ANOR

(2017) JELR 40956 (SC)

Supreme Court  •  SC.266/2009  •  28 Apr 2017  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; MUSA DATTIJO MUHAMMAD JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC; EJEMBI EKO JSC; SIDI DAUDA BAGE JSC;

Judgement

WALTER SAMUEL NKANU ONNOGHEN, J.S.C.(Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Holden in Abuja, in appeal No. CA/A/184/2003 delivered on the 16th day of January, 2007 in which the Court dismissed the appeal by the appellants against the decision of the High Court of the Federal Capital Territory, Abuja in suit No. FCT/HC/CV/234/2012 delivered on the 29th day of January, 2003.

The action was commenced under the undefended list procedure in which the present respondents claimed against the appellants as follows:

''Whereas the plaintiffs claim from the defendants jointly and severally the sum of three million six hundred and fifty-five thousand naira plus 21% interest from January 2002 to date of judgment and thereafter same rate until judgment sum is finally liquidated.

The respondents filed an affidavit of eleven (11) paragraphs in support of the writ of summons which it was deposed that the amount of indebtedness arose from an outstan…

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