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ALHAJI ADAMU MODIBBO (Chairman Dada Construction Services Ltd) & ORS. V. MR. C.Y. AGBO (C.Y. Agbo & Sons Nig. Ltd)

(2021) JELR 109372 (CA)

Court of Appeal  •  CA/G/318/2019  •  31 May 2021  •  Nigeria

Jummai Hannatu Sankey, JCA Tunde Oyebanji Awotoye, JCA Ebiowei Tobi, JCA


JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Justice of Gombe State in Suit No. GM/95/2017, delivered on June 28th, 2018 by Abubakar Jauro, J.

The facts leading to the appeal are concisely as follows: The Respondent as Plaintiff following the leave granted by the lower Court, filed a writ of summons which was placed on the Undefended List for trial wherein he sought the following reliefs against the Appellants as Defendants:

a. “The refund of the sum of One Million, Four Hundred and Seventeen Thousand, Six Hundred and Fifty Naira (N1,417,650.00) only being the remaining balance for the purchase price of plumbing/building materials for the construction works at Federal Teaching Hospital Gombe had by the Plaintiff and paid to the Defendants for the above property.

b. The money I had paid my lawyer and his professional fees to institute this suit and the previous letters he wrote to the tune of Three Hundred Thousa…

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