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NIGERIAN BOTTLING CO. PLC. v. MAO AND TEE INTERBIZ LTD. & ANOR.

(2009) JELR 33157 (CA)

Court of Appeal  •  CA/L/365/2001  •  9 Apr 2009  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; ADZIRA GANA MSHELIA JCA; REGINA OBIAGELI NWODO JCA;

Judgement

CLARA BATA OGUNBIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Lagos Stated delivered on the 13th day of December, 1999 in favour of the plaintiffs/respondents for the sum of N1.942 million Naira for various jobs executed by the plaintiffs with the interest at the rate of 16% per annum from October 1998 until judgment is delivered and thereafter 21% per annum until judgment is liquidated. This appeal therefore is against a judgment in default of appearance and defence upon a motion filed by the plaintiffs/respondents dated 12th November, 1999 and at pages 14-17 of the record of appeal.

Briefly, the facts of the case and as deduced from the statement of claim were that between July and September 1998, the defendant/appellant contracted the plaintiffs/respondents to execute contracts of purchase, repair and servicing of various electric pumps which said contract amounted to N1.942 million Naira (page 3 of the record of appeal i…

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