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BENETH OKECHUKWU OBI V. MOTINGA INTERNATIONAL NIGERIA LIMITED

(2018) JELR 39320 (CA)

Court of Appeal  •  CA/E/651/2014  •  14 Feb 2018  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA; MUHAMMED LAWAL SHUAIBU JCA; FREDERICK OZIAKPONO OHO JCA;

Appearances
C.H. Ozonwanne, Esq.holding briefs of A.U. Okafor, Esq. For Appellant B.C. Ezewudo, Esq. For Respondent

Judgement
<p>HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): This Appeal arose from the judgment of the High Court of Anambra State sitting in Onitsha; coram Hon. Justice A.C. Nwankwo delivered on 19th May 2014 in suit No. 0/331/2013. The Plaintiff/Respondent brought the action vide an undefended writ procedure under Order 11 of the Anambra State High Court (Civil Procedure) Rules 2009 claiming against the Defendant/Appellant as follows:</p><p>i. The sum of 3,654,200.00 (three million, six hundred and fifty four thousand, two hundred naira) only being the balance outstanding on the unpaid cheques.</p><p>ii. Thereafter 5% interest upon the judgment sum until same is finally liquidated</p><p>iii. 500, 000, 00 (five hundred thousand naira) only being the cost of prosecuting this suit. </p><p>(See page 6 of the records).</p><p>The crux of the Respondents case, at the lower Court, was that on the 2nd February, 2010, he supplied to the Appellant on credit 630 (Six hundred and Thirty) pieces of three different types of car/moto…</p>

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