MEMORY FINANCE CO. LTD. V. MINISTRY OF INTERNAL AFFAIRS

ADEREMI JCA (Delivering the Lead Judgment): The appeal here is against the ruling of the Federal High Court Lagos Division delivered in FHC/L/CS/643/1996 on the 5th of December, 1997. Briefly, the facts of the case are as follows: The appellant who was the plaintiff at the court below had taken out a writ of summons against the respondent who was the defendant in that court claiming the sum of N1,116,530.37 (one million, one hundred and sixteen thousand naira, five hundred and thirty naira, thirty- seven kobo) only, being the contract sum and interest for the supply of hostel equipment to Immigration Training School Department, Sokoto, Sokoto

State, an interest on the said sum at the rate of 21% per cent from 1st of June, 1996 until judgment and 16% on the judgment sum until final liquidation of the said sum. The plaintiff/appellant thereafter served a statement of claim. Upon the service of the statement of claim, the defendant/respondent brought an application dated 12th March 1997…