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ALOYSIUS OBUTE v. ADEBAYO DAUDA ABDULKAREEM

(2014) JELR 36364 (CA)

Court of Appeal  •  CA/K/191/2012  •  21 May 2014  •  Nigeria

Coram
ABDU ABOKI JCA; ITA GEORGE MBABA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

ABDU ABOKI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Kaduna State High Court of Justice, delivered on 28th September, 2011 by J.S. Abiriyi J.

The Appellant was the Plaintiff at the lower Court while the Respondent was the Defendant.

By the amended statement of claim dated 11th October, 2010 but filed on 30/03/11 in suit No. KDH/KAD/951/2010 the Appellant claimed against the Respondent the following reliefs;

1. "The Plaintiff claims the sum of N2,340,000.00 being balance of agreed contract proceed share with defendant.

2. Interest at the rate of 10% on judgment sum till same is fully and finally liquidated."

The brief summary of the facts that gave rise to this appeal as pleaded by the Appellant were that the Appellant, as Plaintiff sued Respondent, claiming the sum of N2,340,000.00 being balance of contract proceed share, mutually agreed under a joint venture agreement to finance a contract in the sum of N34 Million awarded to a corporateā€¦

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