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M.T.N. NIGERIA COMMUNICATIONS LIMITED V. C-SOKA NIGERIA LIMITED

(2018) JELR 39241 (CA)

Court of Appeal  •  CA/EK/42/2017  •  15 May 2018  •  Nigeria

Coram
AHMAD OLAREWAJU BELGORE JCA; FATIMA OMORO AKINBAMI JCA; PAUL OBI ELECHI JCA;

Appearances
Fred Onuobia Esq. For Appellant Dayo Akinlaja Esq. (SAN) with him, P.P. Monde Esq. For Respondent

Judgement

PAUL OBI ELECHI J.C.A.(Delivering the Leading Judgment): This appeal arose out of the judgment of the Ekiti State High Court of Justice, Coram: C.I Akintayo, J., delivered on the 9th of June 2017. In the Judgment the learned trial judge found in favour of and granted the claims sought by the Claimant/Respondent. Dissatisfied with the Judgment, the Appellant has appealed to this appellate Court.

At the Trial Court, the Respondent (as Claimant) by the writ of summons dated April 4, 2016 instituted Suit No. HAD/21/2013 against the Appellant (as Defendant) before the Trial Court. By Amended Statement of claim dated September 15, 2016.

1. a sum of Eighty Nine Million, Two Hundred Naira (N89, 200,000) being the total sum owed the Claimant by the Defendant for the unused pins between 2008 to 2013 and unpaid Sim registration on PPSK from 2010 to 2013;

2. A sum of One Million, Two Hundred Thousand Naira (N1, 200,000) as interest on delayed commission for December 2013;

3. A sum of Three Hundred an…

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