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OBIKA NWOBI V. HERBERT ANUKAM

(2000) JELR 56168 (CA)

Court of Appeal  •  CA/PH/15/93  •  6 Jun 2000  •  Nigeria

Coram
MICHAEL EYARUOMA AKPIROROH, JCA: ABOYI JOHN IKONGBEH, JCA:

Appearances
E.C. Ubakonu, Esq, for the Appellant B -*- E.T.O. Njoku, Esq, for the Respondent

Judgement

NSOFOR, JCA: (Delivering the Lead Judgment) The claim of the plaintiff, herein the respondent, against the defendant, qua appellant herein, as expressed in paragraph 19 of the Further Amended Statement of Claim was as follows:- “19. WHEREFORE the plaintiff brings this action claiming from the defendant the sum of N73,446.00 (seventy-three thousand four hundred and sixty-six Naira ten kobo), being money due to the plaintiff from the defendant”. Pleadings in the suit were ordered. They were filed and exchanged, The parties, subsequently, with leave, amended and did file their respective pleadings as Amended. The case proceeded to trial on the issues joined on the pleadings, finally settled at the Further Amended Statement of Claim copied in pages 43 to 46 of the Record of Proceedings and the Amended Statement of Defence. It is copied in pages 48 to 52 of the Record. The suit came before C.B.C. Uba, J. (as he then was) on the 10th of March, 1989, when a full scale trial commenced. Each…

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