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MORO LOCAL GOVERNMENT, KWARA STATE V. CHIEF THEOPHILUS A. S. OYEBIYI & ORS.

(2006) JELR 48074 (CA)

Court of Appeal  •  CA/IL/30/2005  •  27 Feb 2006  •  Nigeria

Coram
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA; TIJJANI ABDULLAHI JCA; HELEN MORONKEJI OGUNWUMIJU JCA;

Judgement

MUNTAKA-COOMASSIE, J.C.A. (Delivering the Leading Judgment): The respondents, who were the plaintiffs in the High Court of Justice Ilorin, corum Gbadeyan J. claimed in their writ of summons, which was placed on the undefended list, against the appellant as follows:-

"(1) N9,711,759.38, (2) N4,808,274.88, (3) N4,847,274.88 (4) N4,847,274.88 (5) N4,847,274.88, (6) N5,847,792.75, (7) N5,687,531.05, (8) N5,538,191.87 and (9) N5,539,191.87; these respective indebtedness the defendant has failed, refused and/or neglected to pay to the respective plaintiffs despite repeated demands, acknowledgement by the defendant and as a final resort issuance of pre-action notice by the plaintiffs.

i. WHEREOF the plaintiffs claim respectively against the defendant as follows:-

(i) N19,711,759.38

(ii) N4,808,274.88,

(iii) N4,847,274.88

(iv) N4,847,274.88

(v.) N5,847,792.75

(vi) N5,847,792.75

(vii) N5,687,531.05

(viii) N5,539,191.87

(ix) N5,539,191.87

2. 10% interest per annum on the respective indebtedness…

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