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OBASANJO FARMS NIGERIA LIMITED V.TIJJANI ADO MUHAMMAD

(2016) JELR 34230 (CA)

Court of Appeal  •  CA/K/478/2013  •  22 Jan 2016  •  Nigeria

Coram
UWANI MUSA ABBA-AJI JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA; AMINA AUDI WAMBAI JCA;

Appearances
Suleiman Yusuf with him, L.A. Egbeyemi For Appellant J.B. Amos with him, A.T. Folola and H.H. Saleh For Respondent

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): The Respondent, as plaintiff, commenced the action in the Lower Court against the Appellant, as defendant, and his claims were for:

i. The sum of N7,446,334.00 being the outstanding debt due from the Appellant from supplies of Groundnut Cake and White Maize made by the Respondent at the request of the Appellant.

ii. Interest on the said sum of N7,446,334.00 at the rate of 10% from the date of judgment until final satisfaction of same by the Appellant.

iii. The cost of filing the action and the sum of N744,633.00, representing 10% of the sum of N7,446,334.00, as legal fee payable to the Solicitor of the Respondent which the Respondent was forced to incur as an additional cost by reason of the failure of the Appellant to pay the said sum of N7,446,334.00.

The suit was placed under the Undefended List by an order of Court made on the 18th of June, 2013 by Honorable Justice Ibrahim Musa Muhammad Karaye and the writ of s…

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