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SAMUEL NWARIE v. DANIEL ADAKWA

(2016) JELR 41325 (CA)

Court of Appeal  •  CA/K/535/2014  •  23 Mar 2016  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; IBRAHIM SHATA BDLIYA JCA; OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA;

Judgement

UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the summary judgment of Honourable Justice D.S. Wyom of the Kaduna State High Court sitting in Kaduna in suit No. KDH/KAD/374/2014 delivered on 20/10/2014; wherein the learned trial Judge granted all the reliefs sought by the Respondent

The Respondent by Paragraph 17 of the Statement of Claim at page 6 prays the lower Court for the reliefs sought as per the Writ of Summons dated 30/04/2014 as follows:-

"WHEREFORE the Plaintiff claims against the Defendant the following:

(a) The sum of N3,250,000 (Three Million, Two Hundred and Fifty Thousand Naira) only being the sum due to the Plaintiff from the Defendant in line with the agreement between the parties pursuant to a partnership arrangement entered into between the parties on the 27 of February, 2014.

(b) The sum of N83,000,00 (Eighty Three Thousand Naira) only, being the sum due to the Plaintiff from the Defendant pursuant to a further oral agreement …

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