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CHIEF PETER AMADI NWANKWO & ANOR. V. ECUMENICAL DEVELOPMENT CO-OPERATIVE SOCIETY (EDCS) U.A.

(2001) JELR 44293 (CA)

Court of Appeal  •  CA/E/166/98  •  21 Jun 2001  •  Nigeria

Coram
EUGENE CHUKWUEMEKA UBAEZONU JCA; SULE AREMU OLAGUNJU JCA; JOHN AFOLABI FABIYI JCA;

Judgement

FABIYI, JCA (Delivering the Leading Judgment): This is an appeal against the ruling handed out by Agbo, J., sitting at the High Court of Justice, Enugu on 30th July, 1997.

The learned trial Judge entered judgment in favour of the plaintiff who is the respondent herein against the defendants who are the appellants in this appeal in the sum of US $500,000 (Five hundred thousand US Dollars) plus interest at the rate of 9% per annum from 22-1-91 to 30-7-97 as well as 5% per annum interest until the judgment debt is liquidated. Cost was assessed at ₦3,000 in favour of the plaintiff/respondent by the learned trial Judge. It should be noted here that the judgment was entered vide the dictates of the applicable rules relating to the undefended list procedure as shall be depicted anon.

It is desirable to state the back-ground facts leading to this appeal. The claim of the plaintiff/respondent, as contained on page 2 of the record of proceedings, reads thus:

"PARTICULARS OF CLAIMS:

The plainti…

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