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NIGERIAN POSTAL SERVICES V. INSIGHT ENGINEERING COMPANY LIMITED

(2006) JELR 48973 (CA)

Court of Appeal  •  CA/IL/48/01  •  16 Jan 2006  •  Nigeria

Coram
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA; ABOYI JOHN IKONGBEH JCA; TIJJANI ABDULLAHI JCA;

Judgement

IKONGBEH, JCA (Delivering the Leading Judgment): This is an appeal by the defendant against the judgment of the Federal High Court given at Ilorin on the undefended list. The respondent, as plaintiff before the lower court, had applied for a writ of summons on the undefended list in terms of its particulars of claim, which read:

"(a) A sum of ₦1,470,000.00 (One million, four hundred and seventy thousand naira) only being the outstanding indebtedness owed to the plaintiff by the defendant when sometime in 1993 the plaintiff executed various jobs for the defendant at the defendant's request which said sum the defendant has failed, refused and neglected to pay inspite of repeated demands.

(b) Interest at the rate of 21% per annum from June, 1993 till the date of judgment and 10% post judgment interest until the total indebtedness of the defendant is finally and totally liquidated."

In support of the application for the placement of the writ of summons, it filed a 35-paragraphed affidavit…

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