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NDABA (NIG.) LIMITED ALHAJI Y. N. IBRAHIM V. MR. SIMON ORABKWE

(2002) JELR 51779 (CA)

Court of Appeal  •  CA/IL/8/2001  •  9 Jul 2002  •  Nigeria

Coram
MURITALA A. OKUNOLA, JCA (Presided and Read the Lead Judgment) PATRICK IBE AMAIZU, JCA WALTER SAMUEL NKANU ONNOGHEN, JCA

Appearances
Mr. M. A. Bello - for the Appellant. -*- Mr. M. A. Mwangwu - for the Respondent.

Judgement

OKUNOLA, JCA (Delivering the Lead Judgment): This is an appeal against the judgment/decision of Ibiwoye, J. of the High Court of Justice, Ilorin, Kwara State delivered on 12th day of April, 2000 in which the court entered judgment in favour of the respondent as per the writ of summons wherein the appellants are to pay to the respondent the sum of four million, one hundred and sixty-four thousand, one hundred and eighty naira (N4,164,180.00) plus ten (10%) percent interest on the said sum from the date of judgment until the judgment is finally liquidated. The facts of this case briefly put are as follows:- The plaintiff/respondent’s claim before the lower court against the appellants jointly and severally was for the sum of N4,164,180.00 being the outstanding balance of the cost of sundry, building and plumbing materials supplied to the defendants/appellants by the respondent and cash advanced by the plaintiff/respondent to the defendants/appellants at the defendants/appellants reque…

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